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♦ 







HEGU LATIONS 


FOR THE 



UNDER THE 


SUPERINTENDENCE AND DIRECTION 


SURVEYORS OF CUSTOMS. 


Treasury Department, 
September 1 , 1871 . 




WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 

1871 . 

C/fj/tSj "L-"" 




< A 
V 

ABBREVIATIONS AND REFERENCES. 


H. D.— Heyl’s Digest. —Statutes of the United States re¬ 
lating to Revenue, Commerce, and Navigation, 
compiled by Lewis Heyl, of the Treasury Depart¬ 
ment, 1868. 

Gen. Reg., 1857.—General Regulations under the Revenue 
and Collection Laws, Treasury Department, 1857. 

Revised Reg., 1869.—Revised Customs Regulations, Treas¬ 
ury Department, 1869. 

Department Circular or Letter. —Circulars or Let¬ 
ters of the Secretary of the Treasury. 

Synopsis of Decisions. —By the Secretary of the Treasury. 

Acts of Congress are referred to by the date of their 
approval. 


SVlAt 20 lyu-r 

D. ot D. 



REGULATIONS. 


THE COLLECTION DISTRICT. 

0 411 Customs Officers sliould thoroughly inform themselves 

as to the territory, coasts, rivers, hays, harbors, &c., in¬ 
cluded within the limits of the Collection District. 

THE SURVEYOR OF THE PORT. 

The Surveyor shall superintend and direct all Inspectors, 
Weighers, Measurers, and Gaugers within his port, and 
shall, once every week, report to the Collector the name or 
names of such Inspectors, Weighers, Gaugers, or Measurers 
as may be absent from or neglect to do their duty. (Act 
March 2, 1799, $ 21, IL D., p. 73.) 

When the Surveyor suspends an Officer from duty, he is 
required to report the case to the Collector. (Department 
Circular, September 9, 1865.) 

The Surveyor is required to certify on vouchers for pay 
of officers under his supervision, that the services charged 
for were necessary, and have been faithfully rendered. 
(Gen. Reg., Art. 604.) 

The Surveyor and all Officers under his direction are re¬ 
quired to reside at their respective ports and places of busi¬ 
ness, and give their personal attention to the duties of their 
respective offices. (Ibid., Art. 571.) 



4 


THE DEPUTY SURVEYORS. 

The Surveyor may exercise and perform his several 
functions, powers, and duties by deputy. (Act March 2, 
1799, § 22, H. D., p. 75.) 

The Deputy Surveyor shall perform such duties as may 
he required of him by the Surveyor, and all orders and direc¬ 
tions made or given by him to Inspectors or other Officers, 
under the superintendence of the Surveyor, must be obeyed 
and complied with by such Officers. 

THE SURVEYOR’S OFFICE. 

The Surveyor’s Office will be open for the transaction of 
business with Merchants and others from 9 o’clock a. m. 
to 3 o’clock p. in., daily, Sundays and legal holidays ex¬ 
cepted. All Deputies, Clerks, and other employes are re¬ 
quired to give their personal and timely attention to the 
duties of their respective situations; absence, without their 
written application and written leave, will be considered 
sufficient cause for dismissal. (Gen. Reg., 1857, p. 319.) 

No Inspector, Clerk, or other permanent employ^ of the 
Customs will be allowed leave of absence for more than 
fourteen days in the year, except in cases of sickness or 
other casualty, unless by special authority of the Depart¬ 
ment. (Gen. Reg., 1857, p. 351.) 

No person not connected with the Custom-house or the 
Treasury Department is to be allowed access to, or per¬ 
mission to inspect, examine, take copies, or have copies 
furnished, or be advised of the information contained in 
any record, document, paper, letter, or account belonging 
to the Surveyor’s Office, except upon application to, and 
by permission of, the Surveyor; all persons attached to 


the Custom-house are expressly forbidden from communi¬ 
cating, either orally or otherwise, any information con¬ 
tained in the records or files of the Custom-house to any 
person not attached to the Customs or Revenue, except 
such as may he necessary to aid Merchants and others in 
the regular daily routine of business passing through the 
Custom-house ; any Clerk or other subordinate officer em- 
.ployed in the Custom-house, who may furnish information 
to private individuals, or shall accept or receive any fee, 
reward, or compensation other than that allowed by law, or 
shall accept any gratuity whatsoever, for any services he 
may perform for any person, which are not devolved upon 
him by law or regulations, will become subject to removal 
from office. (Gen. Reg., 1857, pp. 351, 352.) 

No official book, or document of any kind, will be taken 
from the files of the office, and delivered to auy Officer or 
person, except by permission of the Surveyor. 

THE REVENUE STEAMERS. 

The Revenue Steamers placed by the Department under 
the direction of the Surveyor, (Act March 2, 1799, $ 99, 
H. D., p. 101,) will be on duty during such hours as the 
Surveyor may appoint. 

The Lieutenant Commanding will be held responsible for 
the discipline of his vessel according to the laws and regu¬ 
lations governing Revenue Cutters, so far as the same are 
applicable to these Steamers. (Act March 2, 1799, §§ 99, 
102, H. D., pp. 131, 132, and Gen. Reg., 1857, Sec. VIII, p. 
367.) 

The Boarding Officer when going on board the Revenue 
Steamer on duty will report to the Lieutenant Command- 


6 


ing, and give him such information as will enable him to 
have the boarding or other service promptly and efficiently 
performed. 

In the absence of the Lieutenant Commanding, the Pilot 
will receive from and comply with the directions of the 
Boarding Officer. 

All Officers of the Customs, while on board the Revenue 
Steamers, will comply with the orders of the Lieutenant 
Commanding in all matters pertaining to the discipline of 
the vessel. 

The Revenue Steamers will not, without the permission 
or order of the Surveyor, be used for any purpose other than 
that of boarding duty and such other duties as legitimately 
appertain to the Revenue Service. 

THE TELEGRAPH OPERATORS. 

The Telegraph Operators shall be, and remain, on duty 
at their respective stations during the business hours of 
the day, and as long as their services are required. 

They shall receive and transmit all messages relative to 
the business of the Department; keep a fair record of the 
same, and have the transcripts therefrom promptly deliv¬ 
ered. 

The record of the Operator at the Barge Office shall be 
subject to the inspection of the Surveyor and the Boarding 
Officer. 

The arrival of steamers must be promptly communicated 
to the Surveyor and to the Boarding Officer, and timely no¬ 
tice of such arrival shall be sent to the Appraiser, Entry 
Clerks, and to the Inspectresses designated to attend the 
examination of baggage therefrom. 

The contract of the Department with the Telegraph Com- 




pany provides, that notice of the arrival of vessels, or other 
information in relation to vessels, shall not he communi¬ 
cated to any person other than the proper Revenue Officers. 

ASSIGNMENTS BY THE SURVEYOR. 

It shall be the duty of the Surveyor or his Deputy to 
assign Inspectors to steamers and other vessels with 
cargo, arriving from foreign ports, to superintend the deliv¬ 
ery of said cargo; to detail, on the arrival of a steamer or 
other vessel from a foreign port, a sufficient number of In¬ 
spectors to examine the baggage of the Passengers; to have 
all messages sent to the Barge Office promptly transmitted 
to the officer or person to whom they are addressed, and 
to have the notice of the arrival of a steamer sent to the 
Appraiser, Entry Clerks, and Inspectresses in due time; to 
keep a record of all Inspectors assigned to discharging 
duty, which record shall show the name aud location of the 
vessel to which the Inspector is assigned, or if not assigned 
to a vessel, whether he is present waiting for duty, or sick 
or absent, with or without leave, or assigned to special 
duty. The Deputy Surveyor is required to report to the 
Surveyor, daily, the station or duty of each Inspector, and 
to make prompt report to the Surveyor of any neglect, inat¬ 
tention to, or absence from, duty, or violation of regula¬ 
tions or orders of, or by, any Inspector of Customs. 

THE BOARDING OFFICER. 

It shall be the duty of the Boarding Officers to be in 
attendance in rotation under such regulations as the Sur¬ 
veyor may appoint; to keep a record of all vessels which 
arrive from foreign ports-, and at the close of each month to 
report to the Surveyor the number of vessels of each class 


8 


that arrived during the month ; to keep a book of the loca¬ 
tion of officers, entering therein the name of every Inspector 
assigned to discharge a vessel, the name of the vessel, and 
its location, as soon as ascertained, -which book shall be 
sent each morning by 10 o’clock to the Surveyor’s Office; 
to board all vessels arriving from foreign ports, and such 
other vessels as the surveyor may direct; to place thereon 
such Inspectors as may have been assigned to the same, 
(either temporarily or to superintend the delivery of cargo ;) 
to demand of the masters of such vessels the manifests 
which, by law, they are required to produce to the In¬ 
spector, (Act of March 2, 1799, §§ 23, 24, 25, 26, H. D., pp. 
77,78, and Act of July 18,1866, $ 25, H. D., p. 482,) and, if the 
vessel is an American vessel, to receive from the master his 
crew list, and to have the crew mustered and compared 
with the same, (Act February 28,1803, § 1, H. D., p. 150,) to 
identify with the Consul’s certificate any destitute American 
seaman who may have been brought home in any vessel, 
(Act February 28, 1803, $ 4, H. D., p. 151,) and to make the 
proper certificates to the manifests, crew lists, and Consul’s 
certificates aforesaid; to transmit such manifests and other 
papers, properly certified, to the Collector; and daily, or 
oftener, if necessary, transmit to the Collector, through the 
Surveyor, a report of all vessels which shall have arrived 
since his last report, specifying the names and denomina¬ 
tions of the vessels, the masters’ and consignees’ names, 
from whence arrived, whether laden or in ballast, and 
whether the masters thereof have, or have not, complied 
Avitli the law, in having the required manifests of the cargo 
on board; to thoroughly search the vessel, and for that 
purpose he shall have free access to the cabin and every 


9 


other part of the vessel; and if any box, trunk, chest, cask, 
or other package, shall be found in the cabin, steerage, or 
forecastle of such vessel, or in any other place separate 
from the residue of the cargo, it shall be the duty of the 
Boarding Officer to take a particular account of every such 
box, trunk, chest, cask, or other package, and of the marks 
and numbers thereof, if any there be, and a description 
thereof, and to put a seal on every such package. (Act 
March 2, 1799, $ 54, H. D.,p. 99.) 

The account aforesaid, with a report in writing, of the 
Boarding Officer, of the facts and circumstances thereof, 
must be transmitted to the Surveyor without delay. 

Before leaving the vessel the Boarding Officer must see 
that the hatches are properly secured and sealed to prevent 
the landing of cargo, in the absence of the proper officer, or 
before the necessary permits have been granted. 

Vessels arriving must, if practicable, be boarded before 
they pass above the boarding stations, and timely notice 
must be given to the Officer in charge of the Revenue 
Steamer when the vessel will be required for duty. 


DISCHARGING OFFICERS. 

ASSIGNMENT TO DUTY, ETC. 

Inspectors, after their appointment to office, on reporting 
to the Surveyor, will be by him assigned to duty. 

Before going on duty, every Inspector, and other Officer of 
the Customs, under the superintendence and direction of the 
Surveyor, will procure at the Surveyor’s Office an official 
badge, and each Inspector, whose duty requires their use, 
will be furnished with a set of Custom-house locks, for the 
safe-keeping and return of which badge and locks, when 


10 


required, the Inspector, or other Officer, will be held re¬ 
sponsible. 

The necessary books and stationery required by the In¬ 
spectors and other Officers will be furnished to them upon 
personal or written application therefor to the Surveyor’s 
Office. 

Surplus stationery, ticket books, &c., must be returned 
by the Discharging Officers to the Office for subsequent 
use. 

Inspectors, and all other Officers of the Customs, when 
on duty, must wear their official badge on the left lapel of 
the outside coat, unless otherwise specially ordered. 

Discharging Officers, when they are not assigned to a 
vessel, must be in attendance at the Barge Office, or such 
other place as the Surveyor may designate, daily, from 
sunrise to sunset, or during the hours appointed by the 
Surveyor, until assigned to a vessel, or required to perforin 
other duty, and when the delivery of the cargo of the vessel 
to which he is assigned and the returns thereof are com¬ 
pleted, or whenever any other duty to which he is assigned 
is performed, he will report again at the Barge Office or to 
the Surveyor for duty. 

When an Inspector is called for duty, and is absent with¬ 
out leave, the fact must be reported to the Surveyor, and 
the Inspector will not be permitted to go on duty without 
the order of the Surveyor. 

DUTIES AFTER BEING ASSIGNED TO A VESSEL. 

I 

Immediately on the first coming of a vessel within the 
port, or as soon thereafter as practicable, an Inspector, or 
Inspectors, will be put on board to examine the cargo and 


11 


contents of such vessel, and to superintend the delivery 
thereof, and to perform such other duties, according to law, 
as they shall be directed by the surveyor to perform for 
the better securing the collection of the duties. The 
Inspector or Inspectors shall make known to the person 
having the charge or command of such vessel, the duties 
which the said Inspector or Inspectors are required to per¬ 
form ; and shall suffer no goods, wares, or merchandise, of any 
nature or kind whatsoever, to be landed or unladen, or other¬ 
wise taken or removed from such vessel without a permit; 
the Inspector or Inspectors shall attend to the delivery of 
the cargo at all times when the delivery of goods, wares, 
and merchandise is lawful, particularly from the rising to 
the setting of the sun on each day, Sundays and legal holi¬ 
days excepted, for which purpose they shall constantly 
attend and remain on board the vessel, the delivery of 
which they are to superintend, or at any other station 
where their inspection is necessary; and they shall not quit 
such vessels or stations without leave of the Surveyor. 

Any Inspector who shall neglect, or in any manner act 
contrary to the duties hereby enjoined, shall, for the first 
offense, forfeit and pay the sum of fifty dollars, and for 
the second offense shall be displaced, and be incapable of 
holding any station of trust or profit under the revenue 
laws of the United States for a term not exceeding seven 
years. 

No Inspector shall perform any duties or service on board 
any vessel, the superintendence of which is committed to 
him, for any person whatever, other than what is required 
by law, under the penalty of being disabled from acting 
any longer as an Inspector of the Customs. (Act March 2, 
1799, .$ 53, H. D., p. 97.) 


12 


The Inspector must not leave liis vessel, for any reason, 
nor go below for meals, without first having the hatches 
closed, and the vessel locked up or sealed, so as to prevent 
the landing of cargo during his absence. 

When two Inspectors are assigned to a vessel both shall 
remain on duty as long as their services are required, and 
one must not leave the vessel in charge of his associate, 
unless he is temporarily called away by official business, 
and when meals are provided to the Inspectors on board 
only one at a time will go below for that purpose. 

The Discharging Officers of a steamship are required not 
to leave the vessel until relieved by the Night Officers, and 
they must relieve the Night Officers promptly at sunrise, 
or such hour as the Surveyor may prescribe. If warehouse 
merchandise remains on the dock the Inspector must call 
the special attention of the Night Officers to such mer¬ 
chandise. If the Night Officers do not relieve the Discharging 
Officers at the hour prescribed, or within a reasonable time 
thereafter, report of the facts will be made by them in 
writing to the Surveyor. 

In case of the disability or necessary absence of an In¬ 
spector, the Surveyor, on due notice, will appoint another 
Inspector to take his. place. (Act March 2,1799, $ 53, H. D., 
p. 98.) 

The Inspector is required and enjoined to secure, after 
sunset in each evening, or previous to his quitting the ves¬ 
sel, the hatches and other communications with the hold 
of the vessel, or any other part or place he may judge 
necessary, with locks or seals, which locks or seals shall 
not be opened, broken, or removed, until the following 
morning, or after sunrise, and in the presence of the In¬ 
spector by whom the same shall have been affixed, (except 


13 


by special permission of the proper officer.) If the locks 
or seals shall be broken or removed during the night, or 
before sunrise, or without the presence of the Inspector, 
(or without such special permission,) or if any goods or 
packages shall be clandestinely landed, the master, or 
other person having command of the vessel, shall, for each 
and every of the offenses aforesaid, forfeit and pay the sum 
of five hundred dollars. (Act March 2, 1799, § 54, H. D., 
p. 99.) 

The Inspector is required to report, in writing, to the Sur¬ 
veyor, without delay, any violation of the law last above 
referred to, stating particularly all the facts and circum¬ 
stances of the case. 

LETTER BAGS AND LETTERS. 

No ship or vessel arriving at any port within the United 
States where a post office is established, shall be permitted 
to report, make entry, or break bulk, until the master or 
commander shall have delivered to the Postmaster all letters 
directed to any person or persons within the United States 
or Territories thereof, which, under his care or within his 
power, shall be brought in such ship or vessel, except-such 
as are directed to the owner or consignee of the ship or 
vessel. And if any Commander or Master of any such ves¬ 
sel shall break bulk before he shall have complied with the 
requirements of this Act, every such offender shall, on con¬ 
viction thereof, forfeit for every such offense a sum not 
exceeding one hundred dollars. (Act March 3, 1825, § 17, 
H. D., p. 222.) 

Inspectors are required to carefully search every vessel 
for letters which may be on board, or have been carried or 


14 


transported contrary to law, and the Inspector is authorized 
to seize all letters, packages, and parcels containing letters, 
which shall have been sent or conveyed contrary to law, 
on board of any ship or vessel, and to convey such letters 
to the nearest post office. (Act August 31, 1852, § 5, H. D., 
p. 352.) 

If seizures are made the Inspector will retain the letters 
and packages seized, and deliver the same into the custody 
of the Collector, and make a written report of the facts. 
(Revised Reg., Part III, p. 6.) 

With respect to sailing vessels, an officer of the Customs 
must take charge of each letter bag before it leaves the 
ship, and examine it in presence of the Master, or other 
Officer commanding the vessel. The letters and packages 
must be replaced in the bag, sealed up, and put into the 
custody of such Officer of the vessel, and be by him deliv¬ 
ered at the post office. (Revised Reg., Part III, p. 6.) 

Whenever a steamship from a foreign port comes to the 
proper wharf, an Inspector shall be specially detailed to 
supervise the landing therefrom of the mails brought in 
said vessel. The Inspector so detailed shall personally 
superintend the delivery from the vessel of all the mails 
on board, and shall take a correct account of every bag 
and package landed, and is also required to accompany the 
said mails from the wharf to the post office, and to super¬ 
intend the delivery of each bag or package thereof to the 
Postmaster. 

Whenever a steamship or other vessel is detained at 
Quarantine, or in the stream, and the mails brought in 
such steamship or vessel are allowed to be delivered there¬ 
from on board of a steam-tug, an Inspector will be specially 


detailed to go with tlie tog to the steamship. The said 
Inspector is required to personally superintend the delivery 
of the mails from the steamship on hoard the tug, and to 
take an account of every mail-hag and package so deliv¬ 
ered from the steamship. He is also required to accom¬ 
pany the said mails while on the tug, and until they are 
landed on the wharf, and from thence to the post office, 
and to superintend the delivery of each hag or package 
thereof to the Postmaster. 

The accounts aforesaid shall he certified hy the Inspec¬ 
tor, and will he delivered to the Surveyor. 

The mails will he examined at the post office hy such 
Officer as may he mutually agreed upon hy the Postmaster 
and Collector. 

All letters or packages suspected of containing articles 
liable to duty, whether directed to the Owner, Consignee, 
or other persons, must he deposited at the Custom-house 
in charge of an Officer of the Customs, and notice given 
to the persons to whom they are directed, to cause the 
same to he opened in the presence of such Officer of the 
Customs as the Collector may designate for that service, 
(Revised Reg., Part III, p. 7.) 

SEA STORES. 

In order to ascertain wffiat articles ought to he exempt 
from duty as the sea stores of a vessel, the master is required 
to make a correct report thereof to the Collector, under 
oath—such report to he made on the manifest of the vessel. 
If, in the judgment of the Collector and Naval Officer, the 
quantity is excessive, the master will he compelled to pay 
the duties on the excess. If any other, or greater quan- 


16 


tity of stores, are found on board than are reported, or it 
any stores are landed without a proper permit, the same 
shall be forfeited, and may be seized, and the master shall 
forfeit and pay, in addition thereto, treble the amount or 
value of the articles omitted or landed. * (Act Mareh 2, 
1799, § 45, H. D., p. 91.) 

As soon as practicable after taking charge of a vessel 
the Inspector will require of the master a list of the articles 
reported by him as sea stores. The Inspector will care¬ 
fully examine and compare the articles claimed as sea 
stores with the said list, and if lie shall find any articles 
that have been omitted therefrom, he shall seize the same. 
If there be any unbroken packages claimed as stores, he 
will seal them up, or otherwise secure them, aud in such 
case, or in case there appears to be an excessive quantity 
of stores on board, he will report the facts, in writing, to 
the Surveyor. 


SAMPLES, SPECIE, AND VALUABLES. 

The samples of the cargo of a vessel, and samples of no 
mercantile value, brought as such in any steamship, will 
be sent by the Inspector, as soon as practicable after taking 
charge of the vessel, to the Sample Office, without any 
special order to that effect. 

Specie and valuables, usually in charge of the Purser of 
a steamship, must be taken possession of by the Inspector 
as soon as possible after he first goes on board the vessel. 
The special place or room where such specie and valuables 
are deposited, and, if they are deposited in the Purser’s 
safe or office, the safe, or the packages containing such 
specie or valuables, must be locked with Custom-house 


17 


locks, or otherwise secured, until ready for delivery there¬ 
from. 

When the Inspector receives a delivery permit, or an 
order to send any valuable packages to the Appraiser's 
Stores, he shall deliver or send the same as directed, 
without delay, and must go on board the vessel and per¬ 
sonally attend to the delivery thereof. 

passengers’ baggage. 

The 46th section of the general collection act of the 2d 
March, 1799, prescribes two modes of passing through the 
Custom-house the baggage of passengers arriving in the 
United States. It may be passed either by a formal entry, 
as therein prescribed; or, if the Collector and Naval Officer 
shall think proper so to do, they may direct the Surveyor, 
or an Inspector, to make an actual examination of baggage 
and a return thereof; and if any articles are found in said 
baggage which, in their opinion, ought not to be exempted 
from duty, due entry thereof must be made, and the duties 
thereon paid, or secured to be paid, according to law. To 
prevent delay and embarrassment to passengers, the last 
mode suggested is to be adopted, whenever practicable, in 
all cases of arrival of passengers by vessels other than 
steamers of regular lines, for which special provision is 
made. It is expressly enjoined on Officers of the Cus¬ 
toms that they must be careful that, while no unneces¬ 
sary delay or needless embarrassment is occasioned, 
proper scrutiny must be made to detect and report 
for entry and payment of duties, or security therefor, in 
pursuance of law, all articles found among the baggage 
liable to duty. They are cautioned, however, that the 
2 


18 


prime object of their labors is to secure the duties to the 
United States, and that they are to avoid making seizure 
of baggage because of the presence of dutiable articles, 
unless the intention of fraudulent importation is evident. 
The ignorance of our laws and language naturally pre¬ 
vailing among emigrants renders it particularly proper 
that they should have the benefit of every supposition in 
favor of innocence. (Revised Reg., 1869, Part III, Art. 130, 

p. 60.) 

The following is the form of the order for examination, 
usually called a baggage permit: 


“The Inspector on board the -, from -, will 

examine the baggage of all the passengers, and if nothing 
be found but personal baggage, peryiit the same to be 
landed, and send all other articles not permitted, in due 
time, to the appraiser’s stored,-street. 

“-, Collector . 


“-, Naval Officer. 

“ Custom-house, -,-, 187-.” 


Wearing apparel in actual use, and other personal effects, 
(not merchandise,) professional books, implements, instru¬ 
ments and tools of trade, occupation or employment of per¬ 
sons arriving in the United States, shall be exempt from 
duty. (Act March 2, 1861, § 23, H. I)., p. 532.) 

The term “wearing apparel” embraces articles either 
Used or ready for use, such as it would be supposed the 
station in life of the party in possession would entitle or 
require him or her to make actual use of. “ Other personal 
effects not merchandise,” are understood to be such articles 
as persons of either sex have occasion to make daily use of, 
such as combs, brushes, and other articles of the toilet. 
“Professional books, implements and tools of trade, occu- 











19 


patiou or employment,” are understood to embrace such 
books or instruments as.would naturally belong to a sur¬ 
geon, physician, engineer, or scientific person returning to 
this country, or to immigrants from abroad coming to the 
United States to settle. (Gen. Reg., 1857, p. 596.) 

Books (architectural) bought abroad by a person for 
use in his profession are exempt from duty, as professional 
books of persons arriving in the United States. [Synopsis 
of Decisions, 1868, (163,) p. 50.] 

Duty must be demanded on all watches but one brought 
into the United States by a single passenger. Seizure 
should be made only upon denial of the passenger that he 
has any other, or upon a false statement of the number in 
his possession. If all the watches are old, the passenger 
may choose the one to be treated as personal effects. If 
some are old and some new, the new are to be included 
among those treated as subject to duty. [Sjmopsis of 
Decisions, 1868, (170,) p. 52.] 

Dutiable articles making part of a person’s ordinary lug¬ 
gage are not liable to forfeiture, unless there has been a 
refusal to open, or to afford the means of opening, the 
package or envelope in which they are inclosed, or a con¬ 
cealment equivalent to such refusal, or an omission of the 
articles from a declaration of the contents of the package. 
[Synopsis of Decisions, 1868, (244,) p. 68.] 

Jewelry, when worn, and of such a description and 
quantity as befits the station of the possessor, may be 
admitted free of duty. (Gen. Reg., 1857, Art. 940, p. 600.) 

The examination of the baggage of cabin passengers 
arriving by steamer will be made under the supervision 
of the Deputy Surveyor and the Inspectors, specially 


20 


assigned to that duty. No Inspector will be allowed to 
examine baggage unless be has been detailed for that 
purpose by the Surveyor. 

On the arrival of any steamer of a regular line from a 
foreign port, the Collector shall detail an experienced 
Entry Clerk, who, with a similar clerk to be designated by 
the Naval Officer, and an Assistant Appraiser or Examiner 
to be detailed by the Appraiser, shall, with the Inspector, 
examine all the passengers’ baggage, appraise the dutiable 
value of the same, and assess the duty, if any. Before 
such examination is made, every passenger will be required 
to make his declaration of baggage in the prescribed form. 
After the examination and collection of duty, if any, the 
delivery of baggage shall be made to the respective owners 
by the Inspector of the vessel, under the general baggage 
permit; and no baggage, with or without special permit, 
except when authorized by the Secretary of the Treasury, 
shall be delivered without an examination by all these 
officers. Should any passenger’s baggage contain dutiable 
articles to the value of over $500, it will be sent to the 
Appraiser’s Stores for regular entry and appraisement as 
provided by law. (Revised Reg., 1869, Art. 131, p. 61.) 

In the absence of the Entry Clerks or Appraiser, dutiable 
articles taken from passenger’s baggage will be sent by the 
Inspector, as soon as possible, to the Appraiser’s Stores, and 
the passenger will be furnished by the Inspector with the 
usual “ baggage certificate.” 

As security to the Inspector, he is required to make out 
two lists of all articles embraced in each package sent to 
the Appraiser’s stores; one list to be retained by him, the 
other. list to be put inside of the package. The package 


21 


must be secured and sealed, and the name of the vessel, 
passenger, and date of examination, must be indorsed on 
the outside of the package. 

Upon the arrival of any vessel bringing steerage passen¬ 
gers, the Inspectors specially assigned to that duty, and 
none other, will examine the baggage and personal effects 
of the passengers. Dutiable articles found therein will be 
sent to the Appraiser’s stores in the manner hereinbefore 
provided. 

A liberal construction should be given in favor of emi¬ 
grants to the provision of law in relation to the articles 
enumerated in sec. 23, Act March 2, 1861, when actually 
owned and used in their particular calling at the time of 
their quitting a foreign country, and which they bring with 
them to this country, with the intention of continuing to 
use them here, and that such articles, under such circum¬ 
stances, should be admitted duty free. In the execution of 
this ruling much is intrusted to the discretion of the Officers 
of the Customs, and they are cautioned alike against too 
great indifference, and too unreasonable exercise of author¬ 
ity. If an emigrant presents himself with articles which 
he alleges were actually used by him in his-particular call¬ 
ing, and produces reasonable evidence of the truth of his 
statements, the Collector is authorized to admit the same 
to entry free of duty. It may be proper to add that the 
provision in the 97th subdivision of the act above quoted, 
viz: “ That this exemption shall not be construed to include 
machinery or other articles imported for use in any manu¬ 
facturing establishment, or for sale,” must be carefully ob¬ 
served. (Department Circular No. 3, May 5, 1869.) 

Baggage agents and all other persons (without permis- 


sion of the Surveyor) will be excluded from the vessel, 
and from so much of the dock as is used for examining 
baggage, until the examination of all the baggage is com¬ 
pleted. 

Whenever any passenger’s baggage has been examined 
and found correct, each package thereof must be distinctly 
marked with the word “ passed,” and with the initials of 
the name and the number of the official badge of the ex¬ 
amining Inspector. 

The Inspector stationed at the gate on the arrival of a 
steamer must not allow any trunk or package to be removed 
from the dock, unless it is properly passed and checked 
by the examining Inspector. 

All baggage remaining on the vessel or dock, not claimed 
within 9 . reasonable time by any passenger, must be sent 
by the Inspector to the public store designated in the “Gen¬ 
eral Order.” 


DELIVERY OF CARGO. 

No goods, wares, or merchandise brought in any ship or 
vessel, from any foreign port or place, shall be unladen or 
delivered from such ship or vessel within the United States 
but in open day, that is to say, between the rising and set¬ 
ting of the sun, except by special license from the Collector 
of the Port and the Naval Officer for that purpose, nor at 
any time without a permit from the Collector and Naval 
Officer for such unlading or delivery; and if any goods, 
wares, or merchandise, shall be unladen or delivered from 
any such ship or vessel contrary to the directions aforesaid, 
or any of them, the master or person having the charge or 
command of such ship or vessel, and every other person 


23 


who shall knowingly be concerned, as aiding therein, or 
in removing, storing, or otherwise securing the said goods, 
wares, or merchandise, shall forfeit and pay, each and sev¬ 
erally, the sum of four hundred dollars for each offense, and 
shall be disabled from holding any office of trust or profit 
under the United States for a term not exceeding seven 
years. (Act. March 2, 1799, § 50, H. D., p. 96.) 

When “special license” is granted to land cargo after 
sunset, a permit is issued in the following form: 


“ To the Inspectors of the Port of 


“ Sir: You will allow to he landed from on hoard the 

-, after sunset, the entire cargo, (if it can he done 

with safety to the revenue,) provided the cargo he duly 
permitted or ordered. 

“-, Collector. 


“-, Naval Officer. 

“ Collector’s Office,-,-, 187-.” 


The permit must, in all cases before it is acted upon, he 
indorsed as follows: 


u To the Inspector.” Signed: “-, Surveyor.” 

When cargo is landed after sunset hy special permit, the 
Discharging Inspector must remain at the vessel and super¬ 
intend the delivery and take an account of the cargo as it 
is landed. 

Inspectors will receive such compensation for servces 
rendered under a night permit as may he prescribed hy 
the Secretary of the Treasury. Inspectors will make out 
a hill in the prescribed form, in duplicate, for such ser¬ 
vices, one hill to he delivered to the Consignees of the ves¬ 
sel, the other to he left at the office of the Cashier of 
Customs. When the hill is paid to the Cashier hy the Con- 










24 


sjgnees, the amount will be paid over to the Inspectors en¬ 
titled thereto, upon the order of the Surveyor, approved 
by the Collector. 

Whenever the Night Inspector assigned to the vessel asks 
to see the permit or authority of the Inspector for landing 
cargo after sunset, the permit must he shown to the Night 
Inspector. 

DUTY-PAID PERMITS. 

All permits shall specify, as particularly as may be, the 
goods to he delivered, namely, the number and description 
of the packages, whether trunk, bale, chest, box, case, 
pipe, hogshead, barrel, keg, or other packages whatever, 
with the mark and number of each package, and, as far 
as circumstances will admit, the contents thereof, together 
with the names of the vessel and master in which, and the 
place from whence, they were imported; and no goods, 
wares, or merchandise shall be delivered by any Inspector, 
or other Officer of the Customs, that shall not fully agree 
with the description thereof in such permit. (Act March 
2, 1799, $ 49, H. D., p. 95.) 

The form of the permit will be as follows: 

“Port of-. 

u To the Inspector of the Port: 

“We certify, that - has paid, or secured to be 

paid, the duties on merchandise contained in the following 
packages, in conformity to the entry thereof of this date ; 

which merchandise was imported in the -, -, 

master, from -. Permission is accordingly hereby 

given to land the same, viz: 







25 


Marks. 

Nos. 

Description of Merchandise. 

Send to App’s St’re 






“ Custom-house, -, 187-. 

u -, Collector. 

“-, AaraZ 0#cer.” 


Interlineations and erasures on a permit are to be dis¬ 
regarded, unless such interlineations and erasures are 
checked with the initials of the Collector and Naval 
Officer. An indorsement on a permit to “ land and return 
as found,” or any other indorsement which changes the 
original permit or order, must he checked w T ith the initials 
or be signed by the Collector and Naval Officer. 

Articles that are to be either weighed, gauged, or 
measured must be so noted in the permit. (Act March 2, 
1799—form in § 49, H. D., p. 95.) A line drawn under the 
description of the packages or merchandise named in the 
permit (called underscoring) indicates that the merchan¬ 
dise is to be weighed, gauged, or measured. 

In order to save to Importers the expense, trouble, and 
delay to which they are subjected when the delivery of 
their merchandise cannot bo made for the reason that the 
mark, number, or desorption thereof does not agree with 
the permit, the Inspector is directed, if he is satisfied of 
the identity of the merchandise to state in writing, upon 
















2G 


the hack of the permit, the marks and numbers or descrip¬ 
tion of the packages as they come up, and either to send 
or bring the permit to the Custom-house for correction or 
for authority to land or send the merchandise as found; 
and he will, if practicable, retain the merchandise in his 
possession until the permit or order is returned to him. 

After a duty-paid permit or warehouse order is delivered 
to the Inspector of the vessel, the Importers may withdraw 
it, provided it has not been acted upon, either in whole or 
in part. 

When merchandise is landed on the wharf on a duty- 
paid permit, and has been weighed, gauged, and marked, 
if required, the duty of the Inspector in relation thereto is 
performed, and he is not required to send the merchandise 
to the Importer’s store. 

Discharging Officers are instructed not to allow duty-paid 
merchandise, which is required to be weighed or gauged 
before delivery, to bo landed upon the dock in quantities 
greater than can with reasonable diligence on the part of 
the Weigher or Gauger be weighed or gauged before sun¬ 
set. 

Obedience to this direction will be enforced by closing 
the vessel when necessary to do so for this purpose. 

This direction does not relate to vessels discharging sugar 
and other bulky articles upon the wharves, nor to duty- 
paid goods discharged upon the inclosed wharf of any 
Steamship Company. 

When a permit is delivered to the Inspector, he should 
refer to his discharging book, and if he finds that all the 
packages have been already sent to public store under the 
general order, he will state the fact in writing on the back 


27 


of the permit and return it to the Importer. If he finds 
that some of the packages have been sent to the public 
store under the general order, he will give the Importer a 
certificate for such packages. 

SPIRITS, WINKS, AND TEAS. 

A separate and additional entry of spirits, wines, or 
teas is required to be made by the Importer, to be certified 
by the Collector as a true copy of the general entry, and 
transmitted to the Surveyor of the port where such spirits, 
wines, or teas are to be delivered. (Act March 2, 1799, § 
37, H. D., p. 89.) 

Every permit granted by the Collector and Naval Officer 
for the unlading of distilled spirits, wines, or teas shall, pre-\ 
vious to such landing, be produced to the Surveyor, who 
shall record or register in proper books the contents there¬ 
of, and shall indorse thereupon the word “Inspected/ 7 the 
time when, and his own name ,* after which he shall return 
the said permit to the person by whom it shall have been 
produced, and then, and not otherwise, it shall be lawful to 
land the spirits, wines, or teas therein specified; and if the 
said spirits, wines, or teas shall be landed without such in¬ 
dorsement upon the permit granted for that purpose, the 
master, or other person having the charge or command of 
the ship or vessel from which the same shall have been so 
landed, shall, for every such offense, forfeit and pay the sum 
of five hundred dollars, and the spirits, wines, or teas so 
landed shall be forfeited. (Act March 2, 1799, § 37, H. D., 
p. 89.) 

The indorsement required as above upon permits for the 
delivery of spirits, wines, or teas is as follows: 

“Inspected. {Bate.) -—, Surveyor. 




28 


Warehouse and public store orders do not require the 
indorsement last mentioned. 

Packages containing spirits, wines, or teas when landed 
must, before they are delivered or sent from the wharf, be 
gauged, measured, or weighed, and also marked, and if re¬ 
moved before this is done, may be seized. (Act March 2, 
1799, §§ 39, 51, H. D., pp. 89, 96.) 

This regulation does not apply to teas imported in ves¬ 
sels of the United States from places beyond the Cape of 
Good Hope. (Act of July 14, 1832, § 5, H. D., p. 245.) 


FREE PERMITS. 

Merchandise entered free of duty will be delivered on 
what is called a “ free permit,” of which the following is 
the form: 

“ Free. 

“ Port of-. 

“ To the Inspector of the Port: 

“We certify that - has imported in the -, 

master, from -. Permission is hereby given 


Collector. 


to deliver the same, viz : 

“-, Naval Officer. 

“ Custom-house,-, 187-.” 

If the free permit has upon it the direction “Officer 
examine,” the Inspector wall examine each and all of the 
packages mentioned therein; if, upon such examination, 
he finds the contents of the packages, or any of them, to 
be different from or of greater value than is described or 
stated in the permit, he will retain possession of the pack¬ 
age or packages, and state the facts in writing on the back 
of the permit, or make a separate special report of the 












29 


facts, and send the permit and report forthwith to the 
Surveyor, who will thereupon send directions to the 
Inspector what to do with the merchandise. 

WAREHOUSE ORDERS. 

After due entry has been made of merchandise intended 
to be warehoused, (Act March 28, 1854, H. D., p. 357,) the 
Collector and Naval Officer will issue an order to the 
Inspector to send the goods to the warehouse named 
therein, with the exception of such as may be designated 
for examination, which will be sent to the Appraisers’ 
Stores. Such order must also indicate what goods are to 
be weighed or gauged and marked; and the weighing or 
gauging and marking is, in all cases, to be done before the 
goods are sent to the warehouse. Tbe order will be in the 
following form: 

“Custom-house, Collector's Office, -, 187-. 

“ To the Inspector of the Port: 

u You are directed to send to the bonded warehouse, 
No.-Street— 


u 


Imported on the-of-, by-—, in the-, 

-master, from-, 

“-, Collector. 

“ -, Naval Officer 

On this order the Collector will designate the packages 





















30 


which the Inspector will send to the Appraiser’s Stores. 
(Gen. Reg. 1857, pp. 221, 222.) 

The designation of the warehouse in the order must be 
checked with the initials of the proper clerk in the Col¬ 
lector’s Office. 

The same rule in relation to alterations, erasures, or 
changes, applies to warehouse orders as to duty-paid per¬ 
mits. 

When merchandise is landed under warehouse order on 
a wharf adjacent to, or connected with, a warehouse, and 
where the employment of carts is not necessary, the pro¬ 
prietors of the warehouse will be allowed to employ labor¬ 
ers and trucks to transfer the merchandise into the ware¬ 
house. If the proprietors neglect to do this, the Inspector 
will send in the goods in the ordinary way. 

All packages described in the warehouse order, whether 
empty or not, must be sent to the warehouse, and a receipt 
taken therefor. The Inspector must state in the margin 
of his return how many of the packages were empty. 

Certain merchandise, such as sugar, molasses, and other 
bulky articles, when the special permission of the Collect¬ 
or is indorsed on the warehouse order, may be allowed to 
remain on the wharf for two days after landing. During 
this period the coopering of the packages, if required, must 
be done. At the expiration of the time allowed the mer¬ 
chandise must be sent into the warehouse. 

While the merchandise remains on the wharf by per¬ 
mission of the Collector, it is considered to be in the 
custody of the Inspector. Therefore, if a duty-paid permit 
or other order for the merchandise is presented to the In¬ 
spector, he will deliver the same as from the vessel. 


31 


No more merchandise must he landed upon the wharf 
under warehouse order, or general order, than can he sent 
into the designated warehouse, or general order store, before 
sunset of the day when the same is landed, nor unless the 
said merchandise can he weighed or gauged and marked, 
before sending. Inspectors will enforce this order by stop¬ 
ping the discharge of the cargo, so as to give ample time 
for this purpose. 

When warehouse goods are necessarily kept on the dock 
over night the Inspector will send notice to the Barge Office 
to have Night Inspectors sent to take charge of the mer¬ 
chandise. 

When merchandise is ordered and sent by the Inspector 
to a designated warehouse, and the proprietor thereof for 
any reason declines to receive the merchandise, or in case 
of bulky merchandise, which, by order of the Collector, 
has been permitted to remain on the wharf two days, the 
proprietor of the designated warehouse does not immedi¬ 
ately thereafter take the merchandise into warehouse, the 
Inspector will report the facts in writing to the Surveyor. 

GENERAL ORDERS. 

Unless all the cargo of a vessel is permitted or ordered 
to warehouse, the delivery of the cargo will not be com¬ 
menced until the Inspector of the vessel receives a general 
order, the form of which is as follows : 

“general order. 

“ Custom-house, Port of--, 

“ Collector’s Office, -, 187-. 

“ The inspector on board the-,-master, 

from-, will send to the public store, No.—, all pack¬ 

ages, when landed, and for which no permit or order shall 







32 


liave been received by him contrary to this direction, except 
perishable articles, gunpowder, fire-crackers, and explosive 
substances not permitted for consumption, which you will 
retain on board, and send notice of to this office. The 
usual weighing, gauging and measuring to be done before 
sending goods under this order. 

“-, Collector.” 

The attention of Inspectors is called to the-exception in 
t'lie general order of “ perishable articles, gunpowder, &c.” 
If such merchandise is on board, the Inspector must report 
the fact to the Collector, and, before it is landed, obtain a 
special order for the landing and deposit of the merchan¬ 
dise excepted. 

If the designated general order store refuses to receive 
merchandise ordered thereto, the Inspector will indorse 
the fact, with the reasons, if known to him, on the back 
of the general order, and either send or bring it to the 
Custom-house, to have the merchandise ordered to some 
other store or place. 

WEIGHING, GAUGING, AND MARKING. 

No goods, wares, or merchandise brought in any ship or 
vessel, from any foreign port or place, requiring to be 
weighed, gauged, or measured in order to ascertain the du¬ 
ties thereon, shall, without the consent of the proper officer, 
be removed from any wharf or place upon which the 
same may be landed or put before the same shall 
have been so weighed, gauged, or measured; and if spir¬ 
its, wines, teas, or sugars, before the proof or quality and 
quantity thereof is ascertained and marked thereon, by or 
under the direction of the proper officer for that purpose ; 
and if any such goods, wares, or merchandise shall be re- 




33 


moved from such wharf or place, unless with the consent 
of the proper officer, had and obtained before the same shall 
have been so weighed, gauged, or measured; and if spirits, 
wines, teas, or sugars, before the proof, or quality, and 
quantity, shall have been so ascertained and marked, the 
same shall be forfeited, and may be seized by any Officer 
of the Customs. (Act March 2, 1799, § 51, H. D., p. 96.) 

Discharging Officers will require the Stevedore having 
charge of the landing of merchandise to place the mer¬ 
chandise upon the dock, and to assort the same, keeping 
each lot or mark together, and separate from other goods, 
so as to make it convenient for the Weigher to perform his 
duty; and will also require the Stevedore to place upon 
the dock all casks, &c., required to be gauged, at suitable 
distances from each other, say two feet, with bungs up, 
and no city gauger, cooper, or other person, can be per¬ 
mitted to interfere, in any way, with the' merchandise, un¬ 
til the United States Gauger or Weigher has performed his 
duty. (Gen. Reg., 1857, p. 350.) 

The Inspector will enforce compliance with the above 
regulations by stopping the landing of merchandise from 
the vessel until his orders are complied with by the Steve¬ 
dore in regard to goods already landed. 

CARTAGE AND LIGHTERAGE. 

All goods in bond, whether passing from the vessel or 
other conveyance in which imported to the warehouse, or 
from one vessel or conveyance to another vessel or con¬ 
veyance, all unclaimed goods, and all goods ordered to the 
Appraiser’s Stores for examination, will be carted, drayed, 
or lightered by responsible cartmen, draymen, or ligbter- 

3 


34 


inen,~wko,'while performing this duty, will be known as 
Custom-house cartmen, draymen, or lightermen, and be 
under the control and direction of the Inspector of the ves¬ 
sel, it being intended that bonded goods, or goods ordered 
for examination, shall, at all times, be in the custody of the 
Government or its authorized agents. Such persons shall, 
also, be subject, while so employed, to the orders of the 
Collector, and will be held to a strict compliance with all 
the warehouse rules and regulations. (Gen. Iteg., 1857, p. 
286.) 

All merchandise mentioned in the preceding paragraph 
will be conveyed from the vessel to the designated store or 
warehouse by the carts or other vehicles of persons ap¬ 
pointed and licensed by the Collector for that purpose, 
provided that the Collector may, by special license, allow 
the Importer or Importers of such merchandise to convey 
the merchandise imported by him or them from vessel to 
warehouse by carts or other vehicles owned or employed by 
him or them for that purpose. 

Every cart or vehicle employed for the purpose before- 
named must have painted upon it, in some permanent and 

conspicuous place, “ Custom-house License, -,” in 

letters and figures of not less than two inches in length, 
and immediately under the same the number of the city 
license; such designation to be painted in white letters 
and figures, in oval lines, upon a black ground, of oval 
form, of not less size than 24 by 16 inches. 

On every cart, or other vehicle of Importers specially 
licensed to ride warehouse goods, the designation above 
mentioned, and, in addition thereto, the name of the per¬ 
son or firm to whom the cart or vehicle belongs or is em- 



ployed, mtist be added, and the said designation must be 
painted in black letters and figures, in straight lines, upon 
a white background, in square form, and in size not less 
than 24 by 16 inches. 

Inspectors, or other Officers of the Customs, whenever 
they shall, for the protection of the Revenue, deem it 
necessary so to do, may demand of any person claiming to 
be a Custom-houSe cartman or lighterman, an inspection 
of his license granted by the Collector. If the same is not 
produced, or, if the carts or other vehicles ate not marked 
as above required, or, in case the cartman or lighterman 
refuses or neglects to obey any proper order of the Inspect¬ 
or, or any order, rule, or regulation of the Treasury Depart¬ 
ment, or of the Collector or Surveyor, relative to the cartage 
or lighterage of merchandise, the cartman or lighterman 
guilty of any such refusal or neglect will not be employed 
by the Inspectors, and the facts of the case will be, by the 
Inspector, at once reported in writing to the Surveyor. 

All persons licensed by the Collector to convey merchan¬ 
dise, as aforesaid, will be required to perform their work 
promptly, and not to delay Inspectors or other Officers of 
the Customs. 

Merchandise ordered to store or warehouse, will not be 
allowed to remain outside of the store or warehouse over 
night, unless special permits are granted by the proper 
Officers. 

When Importers have carts or other vehicles specially 
licensed by the Collector to convey merchandise of their 
own importation to warehouse, the carts or other vehicles 
of the Importer must be at the vessel and in readiness to 
ride the merchandise when the Inspector is ready to send 


36 


it. Otherwise the Inspector (after waiting a reasonable 
time) will send the goods to warehouse by Custom-house 
carts. 

Should the Storekeeper at any warehouse refuse to 
receive merchandise sent thereto, the Inspector will at 
once report the facts of the case, in writing, to the Sur¬ 
veyor. 

When merchandise is sent from the ship or vessel in 
which the same may have been imported to a warehouse 
under a warehouse permit, (or to the Appraiser’s Stores for 
examination, or to the Public Store under general order,) 
each cart, dray, or lighter load must be accompanied by a 
receipt, (i. e., ticket or lighter bill,) specifying the marks, 
numbers, and description of packages. This receipt (ticket) 
will be signed (with ink) by the Officer in charge of the 
warehouse or store, on due receipt of the goods, and will 
be returned by the cartman, drayman, or lighterman on 
board the vessel. These cart, dray, or lighter receipts are 
to be numbered progressively. Should the cartman, dray¬ 
man, or lighterman refuse or neglect to return the receipts 
to the Inspector, that Officer will report the fact to the 
Surveyor, and the employment of such drayman, cartman, 
or lighterman will not, afterwards, be permitted. (Gen. 
Keg., 1857, p. 222.) 

The inspector is required to see that a full load is taken 
on each cart or other vehicle, whenever it is practicable to 
do so. Only one ticket for each load will be furnished by 
the Inspector to the cartman. When a short load is neces¬ 
sarily sent, the Inspector will state the reason why on the 
back of the ticket, for the information of the Storekeeper. 

Inspectors are directed not to make bargains of any 


kind with cartmen or lightermen. The prices for cartage 
or lighterage will he regulated by the Collector, and be 
paid at the warehouse or store where the merchandise is 
delivered. 

Should any receipt (ticket or lighter bill) be returned 
to the Inspector from the warehouse, altered or changed 
in quantity, the Inspector must at once call at the ware¬ 
house and satisfy himself by actual count of the packages, 
or otherwise, that the alteration was properly made by 
the Storekeeper. 

EXPORTS DIRECT FROM VESSEL AND VESSEL WAREHOUSE. 

Whenever merchandise imported in a vessel is entered 
for immediate export, or for transportation in bond from 
the vessel to another port in the United States, permits 
signed by the Collector and Naval Officer, and addressed to 
the Inspector, will be issued. The wording of these permits 
is often varied, and the Inspector must carefully read them 
to enable him to deliver the merchandise properly. 

When the permit directs the Inspector to “deliver to 
the Surveyor,” the merchandise will be delivered to an 
Inspector sent from the Debenture Room for that purpose, 
and not otherwise, except as follows, viz: If the permit 
has upon its face the direction (stamp) “Inspector de¬ 
liver to District Inspector,” the merchandise will be 
delivered to the Iuspector of the district upon which the 
vessel is discharging. If the permit is stamped “Inspec¬ 
tor send by lighter to shipping officer at -,” the 

Inspector will have the merchandise delivered on board 
a Custom-house lighter, and make out two lighter bills, one 
of which must be receipted by the master of the lighter and 



38 


be retained by tbe Inspector; the other will be retained 
by the master of the lighter until the merchandise is along¬ 
side the export vessel, when the master must deliver the 
lighter bill to the proper Officer, who will superintend the 
transfer of the merchandise from the lighter to the export 
vessel, provided the export papers are in his hands, and not 
otherwise. 

When the permit directs the Inspector to send the mer¬ 
chandise described therein, to a bonded warehouse, or else¬ 
where, for export or transportation, he will send the mer¬ 
chandise as directed, with the usual receipt, (ticket,) as in 
the case of ordinary warehoused merchandise. 

When the Inspector receives a “ vessel warehouse ” order, 
he becomes, for the time, the Storekeeper in charge of the 
merchandise, and the permit to deliver the merchandise 
(either duty paid, or for export or transportation) is ad¬ 
dressed “ To the Storekeeper,” and by him indorsed (by 
stamp) “Afloat. Inspector as Storekeeper, Deliver,” 
and the Inspector will deliver the goods as directed, and in 
conformity with the directions (by stamp) of the Surveyor 
thereon. 

When a vessel warehouse order is delivered to the In¬ 
spector, he will retain the merchandise on board, unless 
the master or consignees direct the same to be landed, in 
which case, the Inspector will allow the merchandise to 
be' landed on the dock, provided a general order has been 
issued and delivered to him. And if after the merchan¬ 
dise has been landed and has been weighed or gauged, 
if required, and no further order for the delivery or sending 
of the merchandise has been received by the Inspector, he 
will send the merchandise to Public Store under the general 
order. 



39 


Inspectors will endeavor to save Importers the expense 
to which they are subjected if their merchandise entered 
for export or transportation is sent under general order; 
and they will therefore retain the merchandise on the 
wharf as long as they can, consistently with the regulations 
relative to clearing the dock of bonded goods to enable the 
Importer to procure the delivery order. 


DELIVERY OF COAL AND SALT. 


The Inspector assigned to superintend the delivery of 
the cargo of a vessel having on board coal, salt, or other 
merchandise in bulk, to bo landed in Custom-house tubs, 
is directed not to allow the same to be landed until he 
receives a proper permit, (underscored for weighing,) and 
also an order from the Surveyor, in the following form: 

“ Custom-house,-, 

“ Surveyor’s Office, -, 187-. 

“ To the Inspector of Customs on hoard Ship -: 

“Sir: You will deliver the - (if duly permitted,) 

' and keep a correct account thereof, and make return of 
the number of tubs delivered to the Weigher of your dis¬ 
trict, who will take the necessary weights, &c. 

“-, Surveyor.”. 

The tubs required for the delivery of coal, salt, or other 
merchandise in bulk, will be sent to the vessel on notice 
being given to the Surveyor by the master or consignees of 
the vessel. 

A correct account must be kept by the Inspector of every 
sack of salt, or tub-full of coal, salt, or other merchandise 
landed; he will see that the tubs are uniformly and evenly 
filled, and will give to the Weigher, when a request is made 







40 


therefor, an account of the number of sacks or tub-fulls 
landed. When the merchandise is all landed the Inspect¬ 
or will have the tubs put upon the dock and safely kept 
until the Custom-house cartman comes for them. 

TAKING IN CARGO OR BALLAST. 

The Inspector in charge of a vessel will not allow ballast, 
cargo or coal, to be taken on board the vessel until all the 
inward cargo is discharged therefrom, unless an order to 
take in ballast, cargo or coal, is delivered to him. 

The following is the form of such order: 

“ To the Surveyor of the Fort of -: 

“Sir: You will allow to be taken on board the- 

ballast, cargo and coal, if it can be done with safety to the 
revenue. 

“-, Collector. 

Collector’s Office,-,-, 187-. 

The order must not be acted upon unless it is indorsed 
as follows: 

“ To the Inspector. (Signed:)- Surveyor.” 

OVERTIME. 

When goods, wares, or merchandise remain on board a 
vessel after the legal time for discharging the same has 
expired, the Collector may take possession of all such 
goods, wares, and merchandise. (Act March 2, 1799, § 56, 
H. D., p. 100.) 

The time allowed in Avhich to discharge the cargo of a 
vessel is as follows: 

Vessels of less than three hundred tons, eight days. 









41 


Vessels of three hundred tons and less than eight hun¬ 
dred tons, twelve days. 

Vessels of eight hundred tons and upwards, fifteen days. 
(Act March, 2, 1861, H. D., p. 405.) 

The working days of a vessel are to he computed by ex¬ 
cluding the days of arrival and entry, Sundays and legal 
holidays, and rainy days when cargo is not discharged. 

The Inspector will give a separate notice (according to 
the printed form prescribed therefor) to the Collector, Sur¬ 
veyor, and Consignees of the vessel, stating when the time 
for discharging will expire or has expired. 

Until a further order is received, the Inspector is directed 
not to allow cargo to be landed from the vessel. 

The Collector is authorized to allow such longer time 
for discharging the cargo as in his judgment he may think 
necessary, and if the time therefor be extended the com¬ 
pensation of the Inspector or Inspectors who may be actually 
employed, for every day’s attendance exceeding the time 
limited by law for discharging, shall be paid by the mas¬ 
ter, owner, or consignees of the vessel. (Act March 2, 
1799, $ 56, H. D., p. 101.) 

When the time for discharging the cargo of a vessel is 
extended by the Collector, the Surveyor will issue an order 
to the Inspector on board, in the following form: 

“Custom-house,-, 

“ Surveyor’s Office, -, 187-. 

“ To the Inspector: 

“ - days extension is granted to the-, from 

-for discharging of the cargo. You will, as soon as 

the cargo is discharged, make out a bill for your per diem 
allowance for the overtime and leave it with the consignees 
of the aforenamed vessel. A duplicate bill to be sent to 
this office for collection. 


Surveyor.” 








42 


If the extended time (working days) expires before the 
cargo is all discharged, new notices must be given by the 
Inspector, and a further extension of time procured from 
the Collector, of which the Surveyor will give the Inspector 
notice. 

As soon as the cargo is fully discharged, the Inspector 
will make out duplicate bills (in the printed form pre¬ 
scribed) for the actual overtime, one of which bills he will 
deliver to the Consignees or master of the vessel, and will, 
without delay, send the other bill to the Surveyor for col¬ 
lection. 


XX.—DISCIIAJIGING-BOOKS. 

The Inspector assigned to superintend the delivery of 
cargo from a vessel, will be provided with a discharging-book, 
and he is required to enter therein, as soon as the same are 
received by him, all permits or orders for the delivery of 
merchandise from the vessel. The said entries shall show— 

1st. The name or names of the })erson or persons in whose 
behalf such permits are granted. 

2d. The particulars specified in said permits. 

3d. The marks, numbers, kinds, and description of the 
respective packages which are to be, and are, unladen 
pursuant thereto. 

4tli. An account of all goods, wares, and merchandise 
sent to the Appraiser’s Stores, the Public Store under gen¬ 
eral order, or to any warehouse, or other place. (Act March 
2, 1799, § 53, H. D., p. 98.) 

The Discharging Officer shall keep a strict account and 
record of such articles as appear, on unlading the vessel, 
to be damaged, and shall make proper return of the same, 
(Revised Reg., 1869, Art. 198, p. 69.) 


43 


When the Inspector has completed his returns of the cargo 
delivered, the discharging-book must be lodged and kept 
in the Surveyor’s Office. 

RETURNS OF CARGO. 

When the delivery of goods, wares, and merchandise 
from on board of any ship or vessel shall have been com¬ 
pleted, (and of this the Inspector must satisfy himself by a 
careful examination of the hold and other portions of the vessel 
before leaving,) copies of the accounts or entries which shall 
have been kept or made thereof, by the Inspector or In¬ 
spectors who shall have been charged with the said 
deliveries, shall be returned to the Surveyor within three 
days after such delivery has been completed. And the 
accounts or entries to be returned as aforesaid shall com¬ 
prise all deliveries made pursuant to permits, and all pack¬ 
ages or merchandise sent to the respective warehouses, 
the Appraiser’s Stores, or the Public Stores under general 
order. Also, each and every package remaining on board 
such ship or vessel for the purpose of being exported 
therein to a foreign port or place, or to some other district 
of the United States. (Act March 2, 1799, $ 55, H. D., 
p. 99.) 

The returns of a majority of vessels can be made within 
a few hours after the delivery of the cargo, and in such 
cases Inspectors are required to make their returns without 
delay. 

Vessels coming in ballast must be returned as soon as the 
Inspector having charge thereof has examined the vessel, 
and satisfied himself that there is no cargo on board. 

Facilities will bo provided at the Barge Office for making 


44 


out returns, and Inspectors are required, instead of taking 
their books and papers borne to make up their returns, to 
perform that duty at the Barge Office. 

In making out returns, care should be taken to avoid 
errors; the return must be legibly and distinctly written 
in all particulars, and each copy of the return must agree, 
page by page, with the duplicate. 

Inspectors whose returns are carelessly or erroneously 
made out will be suspended, and reported to the Collector 
for removal. 

The returns of the Inspectors shall be according to the 
following form, viz, (Act March 2, 1799, $ 55, II. D., p. 99:) 


Return of merchandise unladen under my inspection, pursuant to permits and orders for 

that purpose, from on hoard the -,- , master from - ; arrived -; 

discharged -; returned -, 187-. 


45 


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, Inspector. 



































4G 


The Inspector in making up his return will first enter 
therein the baggage permit, if there is one, and will then 
enter, separately, all the duty-paid permits and warehouse 
orders, designating in the proper column such packages 
as were landed or sent to warehouse, and omitting the 
packages which were ordered on the permit or order to be 
sent to the Appraiser’s Stores, the last-named packages to 
be stated in the Public Store column. In the marginal 
column must be noted (the same being omitted in the de¬ 
livery column) all packages “sent previous to receipt” of 
permit or order, or as “not agreeing with permit or order,” 
or “not found on board;” and opposite to the entry of 
each warehouse order the designated warehouse to which 
the merchandise was sent. Special care must be taken to 
state the correct date of the delivery of merchandise from 
the vessel, and if it was delivered on more than one day, 
the first and last day on which each lot was landed must be 
stated. 

Packages which, when landed, appear to be damaged, 
must be noted in the return. After the permits and ware¬ 
house orders are entered, the Inspector will enter on the 
return, under the proper designation, all packages, by marks 
and numbers, which have been sent either to the Appraiser’s 
Stores, to the several warehouses, to Public Store under gene¬ 
ral order, or elsewhere by special order, for all which pack¬ 
ages a proper receipt will be required, to correspond with 
the entries in the return. 

The Inspector, after accounting for the cargo, must enter, 
at the end of his return, a list of all the sea-stores, and of 
all the coal remaining in the vessel. 

The returns must be signed by the Inspectors, respect- 


47 


ively, under whose superintendence the deliveries or cargo 
shall have been made, (Act March 2, 1799, § 55, H. D., p. 
100,) and the name of the Gauger or Weigher who has per¬ 
formed any duty relating to the cargo must he stated in the 
return. 

The returns, with all the permits, orders, receipts, and 
other papers relative to the cargo or return, must he deliv¬ 
ered by the Inspector, personally, to the proper Clerk in 
the Surveyor’s Office* 

If the Inspector cannot obtain from the proper Storekeeper 
the receipt for merchandise sent to any warehouse or to the 
Appraiser’s Store, the putting in of the return must not, for 
that reason, he delayed longer than three days after the 
delivery of the cargo. The Inspector will attach to his 
return a memorandum stating the reason why the proper 
receipt has not been obtained; and it shall be his duty to 
obtain the receipt at the earliest moment, and to send it to 
the Surveyor’s Office. 

ERRORS AND MISTAKES. 

Whenever an Inspector assigned to discharge the cargo 
of a vessel- ascertains or is notified that he has sent there¬ 
from any package or merchandise by mistake to a store or 
warehouse to which it was not ordered, or has delivered to 
an Importer merchandise not belonging to him, the Inspector 
must at once correct his mistake by taking possession of 
the merchandise and having it transferred to its proper 
place of deposit. 

And when any package landed on a duty-paid permit has 
been by mistake sent into store or warehouse, the Inspector 
should at once withdraw the package for delivery to the 
Importer. 


48 


When notice is sent to an Inspector to call at the Sur¬ 
veyor’s Office to correct or explain a return, he must report 
himself for that purpose as soon as possible; and when any 
alteration or correction in his return is made by him, such 
alteration or correction must be checked with his initials; 
and if such correction or alteration is made after the returns 
have been transmitted to the Collector and Naval Officer, 
the alteration or correction must also be checked by a 
Deputy Surveyor. 

PROHIBITED IMPORTATIONS. 

The importation of indecent or obscene articles, prints, 
paintings, lithographs, engravings, images, figures, daguer¬ 
reotypes, photographs, and transparencies, is absolutely 
prohibited. All invoices or packages whereof any such 
articles shall compose a part shall be seized and forfeited. 
(Act March 2, 1857, H. D., p. 390 ; Revised Reg., 1869, Part 
IV, p. 1.) 

The importation of cigars in less quantity than 3,000 in a 
single package, or in boxes containing more than 500, is 
prohibited. (Act July 28, 1866, § 1, II. D., p. 501.) 

The importation of spirituous liquors in cask’s or other 
packages of less capacity than fourteen gallons, and of wine, 
brandy, and. other spirituous liquors, in bottles of no greater 
capacity than one quart each, and in packages containing 
less than one dozen bottles, is likewise prohibited. (Act 
July 28,1866, § 1, II. D., p. 501; also Act July 14, 1870, § 21.) 

The prohibition of entry of imported cigars unless con¬ 
tained in a package of not less than 3,000, under the act of 
July 28, 1866, is not to be construed as prohibiting the 
entry of a reasonable quantity less than that amount on 
manifest as sea-stores. (Synopsis of Decisions, 1869, 33L) 


49 


If brandies or other spirituous liquors are contained 
immediately in casks, which are not in another outside 
covering or case, the casks must be of fourteen gallons 
capacity, or larger; if such liquors are contained immedi¬ 
ately in bottles, casks, or other vessels of less than fourteen 
gallons capacity, or if put up in cases of bottles, the cases 
being of less than that capacity, such bottles, casks, or 
other vessels, or cases, must be contained in another closed 
vessel or case of a capacity in cubical contents equivalent 
to fourteen gallons or more, while such outer vessels should 
be so closed as effectually to conceal their contents and 
prevent their secret abstraction; it is not requisite that 
they should be capable of holding liquors directly in con¬ 
tact with their sides, but it is necessary that casks or 
cases put up in an outside covering or package should be 
marked as well as such outside covering or case, so that 
they may be readily identified on entry and traced there¬ 
after. (Department Circular No. 8, May 18, 1869.) (See 
also Revised Reg., 1869, Part IV, p. 1, and Synopsis of 
Decisions, 1868, 40, p. 11; also Act July 14, 1870.) 

Under existing laws there are no restrictions as to the 
size of the package in which beer, ale, and porter may be 
imported. (Synopsis of Decisions, 1868, 63, p. 17.) 

Wine, other than that put up in bottles, may be imported 
in packages of any capacity. (Synopsis of Decisions, 1868, 
17, p. 6.) 

Inspectors are directed to seize all packages, the impor¬ 
tation of which is prohibited. 

4 


50 


PENALTIES FOR OBSTRUCTING OFFICERS IN THE DISCHARGE 

OF THEIR DUTY, FOR BRIBING OR GIVING GRATUITIES 

TO OFFICERS, AND FOR FALSELY PERSONATING AN OFFICER. 

If any person or persons shall assault, resist, obstruct, 
or binder any Officer in the execution of this act, or of any 
other act or law of the United States herein mentioned, or 
of any of the j>owers or authorities vested in him by this 
act, or any other act or law as aforesaid, all and every 
person and persons so offending shall, for every such 
offense, forfeit five hundred dollars. (Coasting Act, Feb. 
18, 1793, § 31, H. D., p. 47.) 

If any person shall forcibly resist, prevent, or impede 
any Officer of the Customs, or their deputies, or any person 
assisting them in the execution of their duty, such person 
so offending shall, for every such offense, be fined in a sum 
not exceeding four hundred dollars; and if any master, or 
other person having the charge or command of any ship 
or vessel coming into or arriving at any port or place 
within the United States, shall obstruct or hinder, or shall 
be the cause or means of any obstruction or hinderance 
with such an intent, to any Officer of the Customs or Rev¬ 
enue in going on board such ship or vessel for the purpose 
of carrying into effect any of the revenue laws of the 
United States, he shall forfeit for every such offense a sum 
not exceeding five hundred dollars, nor less than fifty 
dollars. (Collection Act, March 2, 1799, $ 71, H. D., p. 109, 
and Act March 3, 1823, § 3, H. D., 219.) 

If any person shall forcibly assault, resist, oppose, pre¬ 
vent, impede, or interfere with any Officer of the Customs 
or his deputy or deputies, or any person assisting them, or 
either of them, in the execution of their duties, or any 


51 


person authorized by this act to make searches or seizures, 
in the execution of his duty, or shall rescue, or attempt to 
rescue, or cause to be rescued, any property which shall 
have been seized by any person authorized as aforesaid, 
or shall before, at, or after, any such seizure, in order to 
prevent'the seizure or securing of any goods, wares, or 
merchandise by any person authorized as aforesaid, stave, 
break, throw overboard, destroy, or remove the same, the 
person so offending shall, for every such offense, on con¬ 
viction thereof, forfeit and pay a sum of not less than one 
hundred dollars, nor more than two thousand dollars, or 
shall be imprisoned not less than one month, nor more than 
one year, or both, at the discretion of the court convicting 
him, or her, and shall stand committed until such fine and 
the costs of prosecution shall have been fully paid; and 
if any*person shall discharge any deadly weapon at any 
person authorized as aforesaid to make searches or seizures, 
or shall use any deadly or dangerous weapon in resisting 
him in the execution of his duty, with intent to commit a 
bodily injury upon him, or to deter or prevent him from 
discharging his duty, every such person so offending shall, 
upon conviction thereof, be deemed guilty of felony, and 
shall be imprisoned at hard labor for a term not exceeding 
ten years, nor less than one year. (Smuggling Act, July 
18, 1866, § 6, H. D., p. 478.) 

If any person shall, directly or indirectly, at any time 
make or offer to make, to any Officer of the Revenue, or to 
any other person or persons authorized by this act to 
make searches or seizures, any gratuity or present of money 
or other thing of value, or give or offer any bribe or 
reward, of whatever nature, with intent to influence or 


induce such Officer or other person or persons to do any 
act in violation of his or her or their official duty, or to 
refrain from doing anything which, under the law, it is or 
shall he his or her or their duty to do; or if any such 
Officer or person shall ask or receive in any manner any 
such gratuity, present, bribe, or reward, every person so 
offending shall be liable to indictment as for a high crime 
and misdemeanor in any court of the United States having 
jurisdiction for the trial of crimes and misdemeanors, and 
shall, upon conviction thereof, be fined not exceeding three 
times the amount so offered, promised, or given, asked or 
received, and imprisonment in the penitentiary not exceed¬ 
ing three years. (Smuggling Act, July 18, 1866, § 35, H. 
D., p. 485.) 

If any person who shall be engaged in the importation 
of goods, wares, or merchandise into the United States, or 
who shall be interested as principal, clerk, or agent in the 
entry of any goods, wares, or merchandise, shall at any 
time make, or offer to make, to any Officer of the Revenue, 
any gratuity or present of any money, or other thing of 
value, such person shall, on conviction thereof, be fined in 
any sum not exceeding five thousand dollars, or be impris¬ 
oned not exceeding two years, at the discretion of the 
court. (Act March 3, 1863, § 6, H. D., p. 427.) 

If any person shall falsely represent himself to be a 
Revenue Officer of the United States, and shall, in such 
assumed character, demand or receive any money or other 
article of value from any person for any duty or tax due 
to the United States, or for any violation or pretended 
violation of any revenue law of the United States, such 
person shall be deemed guilty of a felony, and, on convic- 


53 


tion thereof, shall he liable to a fine of five hundred dol¬ 
lars, and to imprisonment not less than six months and 
not exceeding two years, at the discretion of the court. 
(Act March 2, 1867, $ 28, H. D., p. 517.) 

POWERS AND AUTHORITIES OF OFFICERS OF THE CUSTOMS. 

It shall be lawful for any Officer of the Customs, includ¬ 
ing Inspectors, or of a Revenue Cutter, to go on board of 
any vessel, as well without as within his district, and to 
inspect, search, and examine the same, and any person, 
trunk, or envelope on board, and to this end to hail and 
stop such vessel if under way, and to use all necessary 
force to compel compliance; and if it shall appear that any 
breach or violation of the laws of the United States has been 
committed, whereby, or in consequence of which, such ves¬ 
sel, or the goods, wares, and merchandise, or any part 
thereof, on board of or imported by such vessel, is or are 
liable to forfeiture, to make seizure of the same, or any part 
thereof, and to arrest, or in case of escape or any attempt 
to escape, to pursue and arrest any person engaged in 
such breach or violation. (Act July, 1866, § 2, H. D., p. 
476.) 

Any of the Officers authorized to board or search vessels 
may stop, search, and examine, as well without as within 
their respective districts, any vehicle, beast, or person on 
which or whom he or they shall suspect there are goods, 
wares, or merchandise which are subject to duty, or shall 
have been introduced into the United States contrary to 
law, whether by the person in possession or charge, or by, in, 
or upon such vehicle or beast, or otherwise, and to search 
any trunk or envelope, wherever found, in which he may 


54 


have reasonable cause to suspeet there are goods which 
were imported contrary to law; and if any such Officer shall 
find any goods, wares, or merchandise on or about any 
such vehicle, beast, or person, or in any such trunk or 
envelope, which*he shall have reasonable cause to believe 
are subject to duty, or to have been unlawfully introduced 
into the United States, whether by the person in posses¬ 
sion or charge, or by, in, or upon such vehicle, beast, or 
otherwise, he shall seize and secure the same for trial. 
And every such vehicle and beast, or either, together with 
teams or other motive power used in conveying, drawing, 
or propelling such vehicle, goods, wares, or merchandise, 
and all other appurtenances, including trunks, envelopes, 
covers, and all means of concealment, and all the equipage, 
trappings, and other appurtenances of such beast, team, 
or vehicle, shall be subject to seizure and forfeiture. And 
if any person who may be driving or conducting, or in 
charge of any such carriage or vehicle, or beast, or any 
person traveling, shall willfully refuse to stop and allow 
search and examination to be made as herein provided, 
when required to do so by any Officer, he or she shall, on 
conviction, be fined in any sum, in the discretion of the 
court convicting him or her, not exceeding one thousand 
dollars, nor less than fifty dollars. (Act July 18, 1866, § 3, 
H. D., p. 476.) 

Any Officer authorized to make searches and seizures, or 
any person assisting him, or acting under his directions, 
may, if deemed necessary by him or them, enter into or 
upon, or pass through the lands, inclosures, or buildings, 
other than the dwelling-house, of any person whomsoever, 
in the night or in the day-time, in order to the more effect- 


ual discharge of liis or their official duties. (Act July 18, 
1866, $ 5, H. D., p. 477.) 

If an Officer or Officers of the Customs shall have cause to 
suspect that any goods, wares, or merchandise subject to 
duty are concealed iu any particular dwelling-house, he 
or they shall, upon proper application, on oath, to any 
Justice of the Peace, he entitled to a warrant to enter such 
house, (in the day-time only,) and there to search for such 
goods, and, if any shall he found, to seize and secure the 
same for trial. (Act March 2, 1799, $ 68, H. D., p. 108.) 

Before making any such application, the Officer will 
report the facts and circumstances of the case to the Sur¬ 
veyor, who will give him directions how to proceed. 

Every Officer or other person authorized to make seizures 
hy this act shall, at the time of executing any of the powers 
conferred upon him hy this act, make known, upon being 
questioned, his character as an Officer of the Customs or 
Government, and shall have authority to demand of any 
person within the distance of three miles to assist him in 
making any arrest, search, or seizure authorized hy this 
act when such assistance may be necessary; and if such 
person shall, without reasonable excuse, neglect or refuse 
so to assist upon proper demand, he shall he deemed guilty 
of a misdemeanor, and shall forfeit a sum not exceeding- 
two hundred dollars nor less than five dollars. (Act July 
18, 1866, $' 10, H. D., p. 479.) 

The severity and extent of the foregoing provisions and 
powers is such, that extreme caution, discretion, and for¬ 
bearance are requisite in their enforcement and exercise. 
They are not to he put in operation upon hasty or trivial 
changes, nor ever used in full force, except when absolutely 


necessary in extreme cases. Officers are cautioned that 
such extensive powers are ever strictly construed, and 
exact observance required of every form of law to the most. 
minute particular; and that the arbitrary and unnecessary 
use of these powers cannot fail to he punished by the 
courts in an exemplary manner, and will certainly not- be 
sustained by the Government. (Revised Reg., 1869, Part 
VI, Art. 9, p. 6.) 

PROHIBITIONS AND PENALTIES. 

No Officer of the Customs shall own, either in whole or 
in part, any ship or vessel, or act as agent, attorney, or con¬ 
signee for the owner or owners of any ship or vessel, or of 
any cargo or lading on board the same,* nor shall any 
Officer of the Customs import or be concerned, directly or 
indirectly, in the importation of any goods, wares, or mer¬ 
chandise, for sale, into the United States, on penalty that 
every person so offending, and being thereof convicted, 
shall forfeit and pay the sum of five hundred dollars. (Act 
March 2, 1799, § 86, H. D., p. 126.) 

If any Officer of the Customs shall, directly or indirectly, 
take or receive any bribe, reward, or recompense for con¬ 
niving, or shall connive, at any false entry of any ship or 
vessel, or of any goods, wares, or merchandise, and shall 
be convicted thereof, every such Officer shall forfeit and 
pay a sum not less than two hundred dollars nor more 
than two thousand dollars. (Act March 2, 1799, § 88, H. 
D., p. 126.) 

If any Officer of the Customs shall demand or receive 
any greater or other fee, compensation, or reward for exe¬ 
cuting any duty or service required of him by law, he shall 
forfeit and pay two hundred dollars; and if any Inspector 


shall receive any gratuity, fee, or reward for any service 
performed by virtue of his office, other than is by law 
allowed, he shall, for the first offense, forfeit and pay the 
sum of fifty dollars, and for the second offense shall forfeit 
two hundred dollars, and be discharged from the public 
service. (Act March 2, 1799, § 73, H. D., p. 110.) 

If any Officer of the Revenue shall, by collusion with any 
importer or other person, or by means of any false weight 
or measure, or of any false classification as to quality or 
talue of any goods, wares, or merchandise, or by any other 
means whatever, knowingly admit, or aid in admitting to 
entry any such goods, wares, or merchandise, upon the 
payment of less than the amount of duty legally due 
thereon, or shall knowingly accept from any person engaged 
in the importation of. goods, wares, or merchandise into 
the United States, or interested as principal, clerk, or agent 
in any such importation, or in the entry of any goods, 
wares, or merchandise, any fee, gratuity, or emolument 
whatsoever, such Officer shall, on conviction thereof, be 
removed from office, and shall be fined in any sum not 
exceeding five thousand dollars, or be imprisoned not ex¬ 
ceeding two years, at the discretion of the court. (Act 
March 3, 1863, § 5, H. D., p. 427.) 

SEIZURES. 

To constitute a valid seizure, there must be open, visible 
possession claimed, and authority exercised under the 
seizure. A seizure once voluntarily abandoned loses its 
validity, and a new seizure must be made before a prose¬ 
cution can be instituted. (Revised Reg., 1869, Part VI, Art. 
ii, P . 7.; 

All goods, wares, merchandise, or property of any kind 


58 


seized under the provisions of any law of the United States 
relating to the Customs, shall, unless otherwise provided 
for by law, he placed and remain in the custody of the 
Collector of the district in which the seizure is made. 
(Act July 18, 1866, § 31, H. D., p. 484.) 

Goods, wares, or merchandise seized by an Inspector 
or other Officer of the Customs must be forthwith sent to 
the Seizure Room, Custom-house, and be accompanied by 
a receipt (ticket) describing the packages and from whence 
seized, which receipt will be signed by the keeper of the 
Seizure Room, and be returned to the seizing officer. 

The Inspector or other Officer will, as soon as practicable, 
make a report of the seizure, in the form prescribed, stating 
particularly the facts and circumstances connected with 
the seizure. Four copies of the report are required, two 
of which will be addressed to the Collector, one to the 
Naval Officer, and one to the Surveyor. The reports of 
seizure and receipt for the goods will be delivered to the 
Seizure Clerk of the Surveyor’s Office, who, after entering 
the seizure on the record, and submitting them to the Sur¬ 
veyor for his certificate thereon, will transmit the copies 
addressed to the Collector and Naval Officer, respectively, 
to those officers. 

Inspectors and other Officers making seizures are entitled 
(in case there is no informer) to a portion of the proceeds 
realized therefrom. (Act March 2, 1867, § 1, H. D., p. 519.) 

The mode by which books, papers, and accounts may be 
seized and examined is prescribed in Act of March 2, 1867, 
§ 2, H. D., p. 519. 

RESIDENCE AND LEAVE OF ABSENCE. 

Each Inspector and other Officer of the Customs under the 


59 


superintendence and direction of the Surveyor is required 
to report the place of his residence within the district, and 
any change thereof which may he made to the Surveyor’s 
Office. 

When an Inspector or other Officer desires leave ol 
absence, he must make a written application therefor, ad¬ 
dressed to the Collector and' Surveyor, and stating the 
reasons why such leave is desired. 

THE INSPECTRESSES. 

The Secretary of the Treasury may provide for the em¬ 
ployment of Female Inspectors for the examination and 
search of persons of their own sex. (Act July 18,1866, $ 3, 
H. D., p. 477.) 

The Inspectresses will he severally assigned to duty by 
the Surveyor, at such place or places as may he designated 
hy him. 

Upon the arrival of a steamship from a foreign port, notice 
will be sent from the Barge Office to the Inspectress or In¬ 
spectresses designated to attend at the place where the 
baggage of the cabin passengers of said steamer will be 
landed; and, upon receiving such notice, the Inspectress or 
Inspectresses will report, without delay, to the Deputy 
Surveyor, or Inspector in Charge, at the place designated, 
and there remain until relieved from further attendance by 
the Deputy Surveyor or Inspector in Charge. 

The Inspectresses are required to keep themselves in¬ 
formed of the time when steamers are expected, so that 
upon receipt of notice thereof they may be ready to report 
themselves for duty in proper time. 

Upon being directed to do so by the Deputy Surveyor or 
Inspector in Charge, the Inspectress or Inspectresses on 


CO 


duty 'will carefully search, and examine any female pas¬ 
senger or passengers who may he sent to them for that 
purpose; and if, on such examination and search, there 
shall he found concealed upon the person of any such pas¬ 
senger any goods, wares, or merchandise, or any articles 
subject to duty, the Inspectress or Inspectresses shall seize 
and secure the same. 

All goods, wares, and merchandise, or articles subject to 
duty, seized by them must be sent to the Seizure Room, 
and reports must be made of the seizure in the manner 
hereinbefore provided. 

THE COAST INSPECTORS. 

The Coast Inspectors are appointed to protect the inter¬ 
ests of the Revenue with respect to all goods, wares, and 
merchandise which may be landed from, or in any way 
come to the land, from any vessel from a foreign port, and 
wrecked or stranded upon the coast. 

On learning that any vessel has been wrecked or 
stranded, the Coast Inspector residing nearest the place 
where the casualty has occurred will at once proceed to, or 
as near the location of the stranded or wrecked vessel as is 
possible, and, as soon as he ascertains the situation of the 
vessel, to make report, in writing, to the Surveyor, of all 
the facts and circumstances in relation thereto. In case 
the vessel is likely to break up, or if the condition of the 
vessel is such that it is probable cargo will be landed or 
discharged therefrom, he shall remain at or near the wreck, 
and take possession and keep charge of all goods and mer¬ 
chandise which may come or be brought to land. 

In case the cargo of a vessel wrecked or stranded is de- 


Cl 


livered into lighters or other vessel for conveyance into 
port, the Coast Inspector will keep an account thereof; and, 
before any lighter or vessel having on hoard any of the 
cargo is allowed to depart, will make out two lighter 
manifests, in the form prescribed, stating, as particularly 
as possible, what cargo has been taken on board thereof, 
both of which lighter manifests the master of the lighter 
or other vessel will bo required to sign. One copy of such 
lighter bill shall be retained by said master, and be by him 
delivered at the Custom-house on the arrival of the lighter 
or vessel in portthe other copy will bo transmitted by the 
Coast Inspector to the Surveyor. 

Whenever necessary the Surveyor will send to any 
wrecked or stranded vessel an Inspector of the Customs 
to perform such duty as may be required of him. 

DISTRICT OFFICERS. 

ASSIGNMENTS. 

Inspectors will be assigned to districts by the Surveyor, 
and will be transferred to other districts or duty at his 
discretion. 

ATTENDANCE AND OFFICES. 

It shall be the duty of the Inspectors assigned to duty 
as District Officers to be on their respective districts at 
sunrise, and to remain thereon until sunset, or during such 
hours as may be prescribed by the Surveyor; to have the 
general supervision of all vessels that come upon their 
districts, and to see that nothing is landed from any vessel 
in the absence of the Discharging Inspector, and to make 
report to the Surveyor of any infraction or violation of 
the revenue laws coming to their knowledge. 


G2 


It is enjoined upon District Officers, where two are as¬ 
signed to a district, that at no time between sunrise and 
sunset or the hours prescribed shall the district be left 
without one of them being present for duty thereon. 

DAILY EEPOETS TO BE MADE. 

District Inspectors are required to send daily to the 
Surveyor’s Office a report of all vessels which arrived on 
their respective districts during the day previous, specify¬ 
ing in said reports those vessels which have come from 
other districts partially discharged, or if wholly discharged, 
to state the fact. 

TO EXAMINE AND DISCIIAEGE VESSELS. 

Whenever a vessel from a foreign port comes upon a 
district, it shall be the duty of the District Officer to ascer¬ 
tain whether a Discharging Officer is in charge thereof, 
and if no Discharging Officer is present, and the hatches 
and other openings to the hold have not been locked or 
sealed, to make all examination of the vessel as required 
by law and to seal and secure the same, until an Inspector 
regularly assigned takes charge thereof. 

Whenever a District Officer is required to superintend 
the delivery of the cargo of a vessel, notice to do so, in 
writing, will be sent to him by the Surveyor, and the de¬ 
livery of the cargo will then be made under his suiiervision. 
The laws and regulations governing the landing of cargo 
aud the making of the returns thereof are hereinbefore given. 

Whenever a vessel in charge of a District Officer shall, 
after landing a portion of the cargo thereof, leave his dis¬ 
trict and go to any other district to discharge the remainder 
of the cargo, he is required to indorse upon the permit or 


G3 


permits delivered to him, what portion, or how much of 
the cargo has been landed under his supervision; and the 
permit or permits so indorsed by him will be forthwith 
transmitted to the Surveyor for delivery to the Inspector 
or District Officer to whom the supervision of the landing 
of the remainder of the cargo is committed. The Inspector 
or District Officer having charge of the final'delivery of the 
cargo will make the returns thereof. 

EXPORTS, TRANSFERS, ETC. 

District Inspectors, whenever properly directed so to 
do, are required to inspect and superintend the shipment 
or lading of merchandise exported for benefit of drawback 
or return of duty; to deliver or send as directed all mer¬ 
chandise in bond coming coastwise upon their district; 
and to superintend the transfer of surplus, sea-stores or 
merchandise from one vessel to another. 

EXPORT ENTRIES, AND ORDERS THEREON. 

Entries for direct export comprise the original, and a 
copy. Entries for export by way of another port or place, 
comprise the original and two copies, one of the latter 
being the “ manifest copy.” 

Upon all entries for the export of merchandise there will 
be found an order, signed by the Collector and Naval 
Officer, requiring the Surveyor “ to direct an Inspector to 
examine the goods described in the entry, and if found to 
agree exactly therewith, to superintend the lading,” &c., 
and also stamped thereupon, the direction of the Surveyor 
to the District Officer, as follows: “ No. -. To the Dis¬ 
trict Inspector.-, Surveyor.” 

Unless this direction to the District Officer is made, the 



C)4 


Officer lias no authority to act, and entries delivered to 
him without this authority should be at once returned to 
the Surveyor’s office. 

In case the merchandise is to be exported direct, the 
order of the Collector and Naval Officer to the Surveyor 
will give the name of the export vessel, and the port of 
destination. If the merchandise is to be exported by way 
of another port or place, the order will give the name of 
such port or place, and also the place to which the mer¬ 
chandise is to be exported, and upon the face of the origi¬ 
nal entry will be stated the line of boats, vessels, or railroad, 
by which the merchandise is to be sent. 

DELIVERY OF MERCHANDISE FOR EXPORT TO THE SUR¬ 
VEYOR. 


When a Discharging Inspector or Storekeeper receives an 
order to deliver to the Surveyor for export or transfer any 
merchandise, the delivery must be made either to a Deben¬ 
ture Inspector sent to the vessel or warehouse to receive 
the same, or to the District Officer in whose district the 
vessel is discharging, or upon which the warehouse is 
located. 

When merchandise is received by a Debenture Inspector, 
he will give the necessary receipt upon the back of the 
delivery order. 

Merchandise for export will not be received by a District 
Officer, unless the delivery order is stamped upon its face 
as follows: “ Inspector (or Storekeeper) deliver to 
District Inspector.--, Surveyor.” 

If a District Officer receives merchandise for export, and 
the export vessel is lying in his district, he is required to 




G5 


superintend tlie transfer to, and the lading thereof, on 
board of the export vessel as hereinafter provided. 

If the merchandise is to he sent to another district for 
shipment, the delivery order will have upon its face an 
additional stamp, as follows: “ District Inspector send 
BY LIGHTER TO SHIPPING OFFICER AT PIER.-, 

Surveyor.” 

The District Officer who receives the merchandise from 
the import vessel, or warehouse, will superintend the 
lading of the merchandise on hoard the lighter, and, before 
it leaves his district, make out two lighter bills or mani¬ 
fests, describing therein the merchandise taken on board, 
and stating from what place the merchandise was'deliv¬ 
ered, and at what place it is to be shipped; the name of 
the District Officer sending the merchandise must be sub¬ 
scribed to the lighter bills or manifests. The master of 
the lighter will be required to sign both lighter bills or mani¬ 
fests, one of which will be retained by the District Officer, 
and the other will be given to the master of the lighter for 
delivery to the District Officer to whom the merchandisers 
directed to be delivered, and the number of whose office or 
place where he can be found will be written on the lighter 
bill. 

When any packages are not sent by the lighter, because 
they are “ empty,” or because the contents thereof have been 
taken to “fillup,” the fact must be stated in the lighter bills 
or manifests. 

TRANSFER TO DISTRICT OFFICER FOR SHIPMENT. 

When merchandise for export is transferred from the 
import vessel, or warehouse in charge of a Debenture Inspec- 



tor, and the merchandise is at or alongside of the export 
vessel, the Debenture Inspector will deliver the export en¬ 
tries to the District Officer, who is required forthwith to 
inspect and examine the merchandise, and if found to agree 
in all respects with the entries, to superintend the lading 
thereof, according to the orders and directions upon the 
entry. 

When entries are sent from the Surveyor’s Office to a Dis¬ 
trict Officer, with notice that the merchandise is coming to 
his district by lighter from another district, the District 
Inspector receiving the entries is required to ascertain 
whether the lighter has arrived on his district, and as soon 
as it does arrive thereon, to demand of the master thereof 
the lighter bill or manifest given to him by the District 
Officer from whose district the merchandise was brought. 
The District Officer will thereupon allow the merchandise 
to be landed from the lighter, and will inspect and examine 
the same, and on finding that it agrees with the lighter bill 
or manifest, and with the export entries in his possession, 
will superintend the lading thereof, according to the orders 
and directions upon the entry. 

District Inspectors are directed not to allow lighters 
having on board merchandise for export to unload until the 
master produces a proper lighter bill or manifest signed by 
a District Officer, nor until the export entries are received 
by him from the Surveyor’s Office. 

If the merchandise is laden on board of a canal boat, 
vessel, or railroad, for conveyance to any port or place, to 
be from thence exported, the District Officer will, as soon 
as the merchandise is on board, deliver to the master of 
the canal boat, or other person in charge of the transpor- 


G7 


tation of such merchandise, the “manifest copy” (properly 
certified) of tlio entry. 


CERTIFICATE OF SHIPMENT. 

When the lading of the merchandise on hoard the vessel, 
canal-boat, or other conveyance is completed, tlio District 
Officer under whose supervision the same was done will 
indorse upon the original entry, and upon the copy 
thereof, a certificate of the shipment in the following form, 
viz: 

“ Port of-,-, 187-% 

“ I, A. B., Inspector, have examined the goods described 
in the within entry, and finding them to agree therewith, 
they were laden under my supervision on board the, [name 
of the vessel,] [name of master,] master, for, [port of des¬ 
tination.] 

“-, Inspector. 

[“Name of Weigher, &c.”] 

When the merchandise has been weighed or gauged for 
export, the name of the Weigher or Ganger by whom the 
same was done will bo given underneath the certificates. 

x .—short shipments. 

Whenever, for any reason, any part or portion ot the 
merchandise described in an export entry is not shipped in 
accordance with the orders and direction upon the entry, 
the District Inspector will indorse upon the entries a cer¬ 
tificate in the following form, to wit: 

“ Tort of-,-, 187-. 

“ I, A. B. Inspector, have examined the goods described 
in the within entry, and finding them to agree therewith, 








G8 


in part, tliey were laden under my supervision, on board 

the-,-, master, for-. 

11 -, Inspector. 


“-, Weigher .” 

And the number of packages or quantity of merchandise 
not shipped must be particularly stated underneath the 
certificates, and the reason why (if known) the merchan¬ 
dise was not shipped, and what disposition was made of 
the same, must also be stated. 


FILLING UF FACKAGES. 


Merchandise must bo exported in the original packages 
in which it was imported; but the exporters of liquors in 
casks (and of some other kinds of merchandise) may be 
allowed to fill up the casks or packages out of other casks 
or packages included in the same original importation, or 
into new casks or packages corresponding therewith, to be 
marked and numbered as the original casks or packages. 
In case the original casks or packages shall, in the opinion 
of the officer appointed to examine the same, be so injured 
as to be rendered unfit for exportation, and in no other 
case: provided, that the filling up or change of package 
bo done under the inspection of a proper officer. (Act 
March 2, 1799, § 75, H. D., p. 112, and Act March 1, 1823, 
$32, H. D., p. 214.) 

The law does not authorize the subdivision of packages, 
nor any change in them for the mere convenience of impor¬ 
ters. (Synopsis of Decisions, 1868, 19, p. 6.) 

When upon an original entry an order is made by the 
Collector to “ fill up” or “ repack,” the same must be done 
either under the supervision of the Storekeeper at the 








GO 


warehouse, or under the supervision of the Inspector who 
receives the merchandise from the warehouse or import 
vessel. 


DISPOSITION OF MERCHANDISE NOT SHIPPED. 

When merchandise has been delivered to a District Officer 
for export, and such merchandise cannot he shipped as 
directed by the orders upon the entries; either because the 
vessel refuses to, or cannot, take on board the whole or auy 
part thereof, or because the exporters refuse to have the 
same shipped, or for any other reason, he is directed to 
send such unshipped merchandise to the nearest General 
Order Store, with a ticket or receipt describing the mer¬ 
chandise and stating upon it that the merchandise is “ for 
export, but not shipped,” which ticket or receipt will be signed 
by the Storekeeper of such store. 

When the export entries are returned to the Surveyor’s 
Office, the ticket or receipt for goods not shipped and sent 
to the General Order Store will be attached to the original 
entry 

RETURN OF ENTRIES AND CERTIFICATES. 

Export Entries (properly certified) must be returned to 
the Surveyor’s Office by the District Inspector by whom the 
merchandise was laden on board of the export vessel or 
other conveyance on the day after the shipment was com¬ 
pleted, before one o’clock p. m. 

PENALTY FOR MAKING FALSE CERTIFICATES. 

Ii any Inspector or other Officer of the Customs shall cer¬ 
tify the shipment of any merchandise entitled to drawback 
on exportation, without having duly inspected and exam 


70 


inecl tlic same after ho shall have received the permit for 
lading such merchandise, ho shall, for the first offense, for¬ 
feit and pay the sum of fifty dollars, and for the second 
offense shall forfeit two hundred dollars, and he discharged 
Horn the public service. (Act March 2, 1799, § 73, H. D., 
P- 111 .) 

SPECIAL ORDERS FOR SHIPMENT. 

Whenever the shipment of merchandise is allowed to be 
made before the export entries therefor are completed at 
the Custom-house, a special order therefor will be issued 
by the Collector and Naval Officer, but such special order 
must not be acted upon unless the proper direction, 

“ No.-. To tiie District Inspector.-, 

Surveyor,” is stamped thereupon. 

Upon receipt of such special order, properly indorsed by 
the District Inspector, he is required to inspect and examine 
the merchandise and to superintend the lading thereof, 
according to tho directions of the special order. 

The District Officer will retain the special order in his 
possession until the export entries are received by him, and 
tho order will be attached to the original entry and be 
returned with it to the Surveyor’s Office. 

DELIVERY OR STORING OF COASTWISE BONDED MER¬ 
CHANDISE. 

When merchandise in bond is brought coastwise upon 
any district, tho District Inspector will take possession of 
the merchandise. If a duty-paid permit therefor is de¬ 
livered to him, he will allow the merchandise to bo taken 
by the owner thereof, except such packages as may be 
designated on tho permit to bo sent to the Appraiser’s 





71 


Store for examination. Tlio packages so designated must 
be sent by the District Inspector without delay to the 
Appraiser’s Store, with the usual ticket or receipt. The 
permit, properly indorsed, with the receipt aforesaid, will 
be returned to the Surveyor’s Office. 

If the coastwise merchandise is entered for rewarehous¬ 
ing, an order to send the same to a designated warehouse 
will be issued in the following form, viz: 


“ Custom-house, 


“ Collector's Office, -, 187-. 

“ To the Inspector of the Port: 

“You are directed to send to the Bonded Warehouse, 
No.-,-Street, 

brought into this district by-from-. 


-, Naval Officer. ’ ! 


-, Collector. 


Upon receipt of which the District Inspector will send 
the merchandise as directed by the permit, and obtain the 
necessary receipts therefor. The receipts are in the form 
following, to wit: 


“I certify that the goods designated herein, with the 
exception of such as are ordered to the Appraiser’s Store, 

have been deposited in store No. --,-Street. 

“-, Storekeeper. 


“I certify that the goods ordered to tho Appraiser's 
Store have been duly received there. 

“•-, Storekeeper .” 


The order and receipts will be returned to the Surveyor’s 
Office. 
















TRANSFER OF SURPLUS SEA-STORES OR MERCHANDISE. 

Whenever surplus sea-stores are to he transferred from one 
vessel tp another, the order directing the Discharging- 
Inspector to “deliver to Surveyor” will he stamped “ In¬ 
spector deliver to District Inspector,” and the ship¬ 
ping order will he stamped “No. -. To the District 

Inspector.-, Surveyor.” 

When hbtli vessels are lying within or on the same 
district, the District Inspector will receive the surplus sea- 
stores described in the order as they are landed from the 
vessel, and have the same transferred to the export vessel 
and superintend the lading thereof on hoard of such 
vessel. 

When surplus sea-stores are to he transferred from a 
vessel to another vessel lying upon or in another district, 
a Debenture Inspector will ho sent to receive and accom¬ 
pany the goods and to deliver them and tlio shipping order 
to the District Inspector whereon whose district the export 
vessel is lying. 

When merchandise (other than sea-stores) is to ho trans¬ 
ferred either from warehouse or store, or vessel, to a ves¬ 
sel for shipment, a Debenture Inspector will he sent with 
the proper orders to receive and accompany the goods to 
the export vessel, and will deliver the shipping order to 
the proper District Inspector, who will superintend the 
lading of the merchandise. 

The stores or merchandise must, in all cases, he com¬ 
pared with the description thereof in the shipping order, 
and any discrepancies or deficiencies noted. When the 
lading of the stoics or merchandise is completed, the Dis- 


f 



73 


trict Inspector under whose supervision the same was done 
will make a certificate of the lading on the hack of the 
shipping order and return it to the Surveyor’s Office. 

If an order for the delivery and transfer of surplus sea- 
stores is issued after the Discharging Officer has left the 
vessel, such stores may he landed under the supervision of 
the District Inspector upon whose district the import ves¬ 
sel is lying, and the delivery order therefor will he by him 
indorsed u Delivered (date,) (signature of) Inspector.” The 
delivery order thus indorsed will he returned hy him to 
the Surveyor’s Office, to he filed-with the records of the 
vessel. 

EXAMINATION OF COASTING VESSELS. 

District Officers are required to make, as often as may 
he necessary, an examination of all coasting vessels coming 
upon their districts, to ascertain whether the papers of such 
vessels (if they have any) are in conformity to law. 

The following brief synopsis of the laws relative to the 
coasting trade, will give the necessary information with 
respect to such vessels. 

United States vessels engaged in foreign trade (i. e., 
between the United States and a foreign country) must 
he registered. (Act December 31, 1792, H. D., p. 25.) 

United States vessels engaged in the coasting trade (i. e., 
between ports and places within the United States) ot 
twenty tons or upward, if not registered, must he enrolled 
and licensed; if less than twenty tons, and more than five 
tons, licensed only. (Act February 18, 1793, H. D., p. 36.) 

The name of every vessel, and the port to which she 
belongs, must he painted on her stern in white letters of 
not less than three inches in length, on black ground. In 


74 


default of these requirements, in case of a registered ves¬ 
sel, the owners forfeit fifty dollars; in case of a licensed 
vessel, twenty dollars. (Act December 31, 1792, § 3,. H. 
D., p. 26; Act February 18; 1793, $ 11, H. D., p. 40.) 

Every steam-vessel must, in addition, have her name 
conspicuously placed in distinct, plain letters, of not less 
that six inches in length, on each outer side of the pilot¬ 
house, if there is one; and in case the vessel has side- 
wheels, also on the outer side of each wheel-house. In 
default of these requirements, in case of a registered ves¬ 
sel, the owners forfeit fifty dollars; in case of a licensed 
vessel, twenty dollars. (Act May 5, 1864, $ 1, H. D., p. 
439.) 

The tonnage of every vessel must bo carved or perma¬ 
nently marked on her main beam, (act May 6, 1864, § 3, H. 
D., p. 442,) and the official number (if any is) awarded to 
any vessel must also be carved or marked on her main beam. 
If at anytime the tonnage or number cease to be so marked, 
the vessel will not bo recognized as a vessel of the United 
States. (Act July 28, 1866, § 13, H. D., p. 504.) 

To change, in any way, the name of a vessel, or by any 
device, advertisement, or contrivance to deceive, or at- 
tempt to deceive, as to the true name of such vessel, 
entails a forfeiture of the vessel. (Act May 5, 1864, § 2, II. 
D., p. 440.) 

A vessel found with a forged or altered license, or mak¬ 
ing use of a license granted for any other vessel, will bo 
forfeited. (Act February 18, 1793, §§ 5, 32, II. D., pp. 38, 
47.) 

A license is in no case valid for a longer period than one 
year, but enrollments are valid for any length of time, 


until tlio happening of a contingency requiring their sur¬ 
render. (Act Feburary 18, 1793, $ 4, II. 1)., p. 38.) 

A license must bo surrendered and be renewed within 
three days after its expiration; or, if it expire while the 
vessel is absent from the district to which she belongs, 
within three days from her arrival therein. If the vessel 
be sold out of the district, the license must be surrendered 
within three days after the arrival of the master within 
any district. If the master of a vessel refuse or neglect to 
surrender the license, ho shall forfeit fifty dollars. (Act 
February 18, 1793, § 9, H. D., p. 39.) 

The enrollment and license of a vessel expires whenever 
there is a change of owner , or an alteration in the size or 
rig. (Act February 18, 1793, $ 5, H. D., p. 38.) 

Every change of master must bo reported to the Collector 
of the port, and be indorsed on the register or license; 
neglect or refusal to comply with this requirement sub¬ 
jects the master to a penalty, in the case of a registered 
vessel, of $100, and of licensed vessels, $10. (Act Dec. 
31,-1792, $ 15, H. D., p. 32; Act Feb. 18, 1793, § 12, H. D., p. 
40.) 

Vessels engaged in the coasting trade, without papers, il 
laden with American production or manufactures, or in 
ballast, are subjected to foreign tonnage duty; or if laden 
wholly or in part with foreign merchandise, to forfeiture. 
(Act Feb. 18, 1793, § 6, H. D., p. 39.) 

A licensed vessel trading within any district, or between 
any two or more districts north of the southern limits of 
Georgia, if laden wholly with American produce or manu¬ 
factures, (distilled spirits excepted,) is not required to 
enter or clear; but the master must bo provided with a 


7G 


manifest of Lis cargo, under a penalty of twenty dollars, | 
and if any part of tlio cargo is of foreign growth or pro- j 
duction, under a penalty of forty dollars. 

But if the vessel has on hoard distilled spirits, or foreign j 
merchandise in original packages, as imported, exceeding j 
in value four hundred dollars, or foreign produce or manu- j 
factures exceeding in the aggregate the value of eight \ 
hundred dollars, the master must he provided with dupli- I 
cate manifests of his cargo, and must enter his vessel at 
the Custom-house, and obtain a permit for the delivery of 
the cargo, under a penalty of one hundred dollars for any ' 
neglect so to do. 

And when a licensed vessel is trading between two dis- | 
tricts, one of which is south of Georgia, if laden with for- i 
eign or American produce, or comes in ballast, the master 
must be provided with duplicate manifests of his cargo, if 
any, or otherwise the manifests must state that his vessel 
is in ballast, and must enter his vessel at the Custom¬ 
house, and produce a permit for unlading his cargo, under 
a like penalty. (Act Feb. 18, 1793, §§ 14, 15, 16, 17, and 
18, H. D., p. 40; Act March 2, 1819, H. D., p. 190.) 

It shall bo lawful at all times for any Officer concerned 
in the collection of the Revenue to inspect the enrollment 
and license of any vessel, and if the master of any suck 
vessel shall not exhibit the same when required by the 
Officer, he shall pay one hundred dollars. (Act Feb. 18, 
1793, § 13, H. D., p. 40.) 

The refusal of a master to answer the questions of an 
Inspector, or other Officer, in relation to liis vessel, the 
cargo or the papers thereof, subjects him to a penalty of 
one hundred dollars. (Act Feb. 18,1793, $ 18, H. D., p. 43.) 

The coasting laws do not extend to any boat or lighter 



77 


not being masted, or if masted and not decked, employed 
in the harbor of any town or city. (Act Feb. 18, 1793, $ 37, 
H. D., p. 48.) 

Yachts of twenty tons or upward may be licensed, and 
when so licensed are not required to enter or clear at any 
port; but such vessels are not allowed to transport mer¬ 
chandise or carry passengers for hire. (Act Aug. 7, 1848, 
H. D., p. 313.) 


DISTRICT OFFICERS’ RECORDS. 

District Officers are required to keep a record book in 
the form prescribed by the Surveyor, in which they shall 
enter, with all the necessary particulars, all export entries; 
orders for delivery or storing of coastwise goods, and of 
all transfer orders received or acted upon by them. 

District Officers are also required to keep a record book 
in the form prescribed by the Surveyor, in which they 
shall enter the name, with all the necessary particulars, 
of each coasting vessel examined by them. 

All record books must be safely kept, and, whenever re¬ 
quired, be produced to the Surveyor for his inspection. 

THE DEBENTURE OR EXPORT OFFICERS. 

Attendance. 

The Inspectors assigned for export duty are required to 
be in attendance daily during such hours as the Surveyor 
may prescribe. 

Debenture Inspectors must not absent themselves from 
duty without leave, and all applications for leave of 
absence must be addressed in writing to the Surveyor. 


Record rooks to be KErT. 


Every export entry, order for the examination of mer¬ 
chandise, special order for shipment, transfer, or other order, 
the delivery of which, or the execution whereof, is to he 
done by a Debenture Inspector, must be entered in the 
proper book of record, according to the form (and with all 
the particulars) prescribed by the Surveyor, by the Clerk 
in charge of such record book; and until the same is so 
recorded, and the necessary directions in relation thereto 
are stamped thereon, the entry or order will not be de¬ 
livered for execution. 


Entries of merchandise delivered from vessel or 

WAREHOUSE FOR EXrORT. 

Whenever export entries are ^delivered to a Debenture 
Inspector, he is required, as soon as he is notified by the 
Exporter that the merchandise is ready for delivery, to pro¬ 
ceed to the vessel or warehouse where the merchandise 
may be and receive the same, giving to the Inspector of 
the vessel or Storekeeper the proper receipt therefor, and 
will then accompany the merchandise, keeping it in sight— 
so that it cannot be changed—until it is delivered along¬ 
side of the export vessel; and he will, without delay, de¬ 
liver the export entries to the proper District Officer. 

When export entries of merchandise which is to be 
transferred from one district to another by lighter are 
given to a Debenture Inspector for delivery to the District 
Inspector, such delivery must be made without delay, and, 
if practicable, to the District Inspector personally. 

When a Debenture Inspector has performed the duty re¬ 
quired of him in relation to any entry or order, ho will 


70 


return to the Debenture Room without delay for further 
duty. 

Preliminary orders for examination, weighing, etc. 

When an order to examine merchandise which, lias been 
“ manufactured from merchandise of foreign growth or 
production, and entered for export for benefit of draw¬ 
back,” or an order for “the examination of domestic manu¬ 
factures entered for export under Internal Revenue laws,” 
is delivered to a Debenture Inspector, ho is required to 
proceed, without delay, to the place where the said mer¬ 
chandise is deposited, and there to inspect and examine the 
same, and to place upon the packages so inspected and 
examined such distinguishing marks as may bo prescribed 
for the proper identification of the packages; and when 
the order for examination requires samples of the mer¬ 
chandise to bo taken, ho will take reasonable samples, 
which samples, after having been by him properly indorsed 
and certified, will be delivered, wfith the examination order, 
to the Surveyor’s Office. 

Whenever the order for, or examination of, any mer¬ 
chandise for export requires the same to bo weighed or 
gauged, an order to the Weigher or Gauger will be issued 
in the prescribed form. 

The Debenture Inspector ■who executes the order for 
examination will, as soon as possible, deliver the order to 
weigh or gauge to the Weigher or Gauger to whom it is 
directed. 

SilirriNG MERCHANDISE. 

When entries for the export of any merchandise ex¬ 
amined as above provided are made, after the samo shall 


80 


have been properly recorded and stamped, they will he 
delivered to the Debenture Inspector who made the pre¬ 
liminary examination; and he is required, as soon as the 
merchandise is ready for shipment, to proceed to the place 
where the same is deposited, and to receive and accompany 
the same to the export vessel, and to superintend the lading 
of the merchandise on board of such vessel. 

Whenever a Debenture Inspector has export entries de¬ 
livered to him for the purpose of supervising the transfer 
of the merchandise described therein, from vessel or ware¬ 
house, to the Shipping Officer, or of export entries for mer¬ 
chandise, the lading of which he is to superintend, and the 
delivery of the merchandise from vessel or warehouse, or 
other place of deposit, is interrupted or suspended, he will 
return to the Debenture Room and notify the Surveyor of 
the facts, and when notice is given that the delivery of the 
merchandise will be resumed, the same Debenture Inspector 
will be directed to complete his duty with respect to such 
merchandise. 

Certificates of shipment. 

The entries will be certified by the Debenture Inspector 
under whoso supervision the merchandise was laden, in 
the manner hereinbefore provided, and will be returned 
to the Surveyor’s Office. 

Debenture Inspectors must not certify to shipments, 
unless the same were made under their personal super¬ 
vision. 

INSPECTORS FOR MEASUREMENT OF VESSELS. 

VESSELS TO BE MEASURED. 

Every ship or vessel built within the United States, or 


81 


that may he owned by a citizen or citizens tlicrcoi, shall 
bo measured. (Act May G, 1864, H. D., p. 440; see, also, 
Act December 31, 1792, §§- 6, 21, H. D., pp. 27, 34; Act 
February 18, 1793, $ 26, H. D., p. 46; Act March 2, 1799, 
$ 64, H. D., p. 106.) 

All vessels upon which tonnage duties are imposed by 
law shall be admeasured. (Collection Act March 2, 1799, 
$ 63, H. D., p. 106.) The tonnage of foreign vessels is to 
bo ascertained when necessary for the assessment of tonnage 
tax. (Revised Reg., Part I, p. 74.) 

Foreign vessels will be measured for tonnage on their 
first arrival and entry at this port, except when a vessel 
has been previously admeasured at another port of the 
United States, and the proper certificate of such admeasure¬ 
ment is produced, which certificate shall bo retained, filed, 
and entered in the proper record book. 

British vessels whose registers indicate their tonnage 
under the present British law, shall be taken in ports of 
the United States to be of the tonnage so expressed in 
their documents, with the addition of the amount of the 
deductions made under the British law not authorized by 
•the admeasurement law of the United States. Usually, the 
gross tonnage may bo ascertained from the register. In 
such cases, the vessel will be entirely exempt from ad¬ 
measurement. If the gross tounage is not indicated in 
the register, it may be necessary to measure the spaces ap¬ 
propriated to crew and to engines below the upper deck, 
whoso tonnage has been deducted under British law. 
(Revised Reg., Part I, Art. 140, p. 74.) 

The Danish government having adopted the English 
system of Admeasurement of vessels, the rule applied in 

6 


82 


article 140 of the Revised Regulations of the Treasury will 
he extended to Danish vessels arriving at our ports. 
(Dept. Circular No. 10, June T2, 1869.) 

On request of the master of any foreign vessel, he will 
he furnished with an abstract of the admeasurement of 
his vessel (or a duplicate of the Surveyor’s certificate) in 
the prescribed form, and without any charge therefor. 
(Revised Reg., Part I, Art. 139, p. 74.) 

THE RULES FOR ADMEASUREMENT. 

The rules for the admeasurement of vessels for tonnage 
are found in the Act of May 6, 1864, H. D., p. 440, and Act 
of February 28, 1865, II. D., p. 461. 

The Regulations of the Department with respect to ad¬ 
measurements will be found in Revised Reg., Part I, Chapter 
V, p. 66. Attention is called to the following portions 
thereof, viz: 

“Art. 131. Questions having arisen under the act ot 
February 28, 1865, as to what constitutes a ‘ deck to the 
hull,’ it has been determined that any deck is a deck to 
the hull which has a direct bearing upon the frame tim¬ 
bers, even though lighter than other decks in the same 
vessel, and though only a portion of the timbers extend to 
such deck. In iron vessels, an upper deck supported by 
stanchions of wood or iron bolted to the angle irons, or to 
the iron plating of the vessel, is to be taken as a deck to 
the hull. In consequence of the diversity of modes of con¬ 
struction, much in this particular must necessarily be cou- 
fided to the judgment of the Measuring officer; but in 
case of doubt or dispute, the Department should be con¬ 
sulted. The law above referred to was designed merely to 
exclude cabins and state-rooms above the ‘promenade’ 
deck of the steamers of the sea-coast and lakes, or above 
a ‘ boiler’ deck as used on the western rivers. It does not 




S3 


have the effect to exempt from admeasurement any closed 
in spaces, even if so situated, if used for cargo or stores. 

“Art. 132. It the second deck from the keel consists 
of several partial decks extending, Avith breaks, from stem 
to stern, the line of that course of decks must be taken as 
the tonnage deck; and if the partial decks are at different 
heights, the line of the loAvest will be taken as the tonnage 
deck, and the head room above such line under the higher 
will be measured. 

“Art. 133. By ‘closed-in spaces’ is to be understood 
spaces which are sheltered from the action of the sea and 
Aveather, even though openings be left in the inclosure. 
Measuring officers Avill exercise due vigilance that the in¬ 
tent of the biAv in this respect is not evaded. It should be 
borne in mind, however, that no closed-in spaces above the 
upper deck to the hull are to be admeasured unless avail¬ 
able for cargo or stores, or the berthing or accommodation 
of passengers or crcAV. The engine-room, pilot-house, gal¬ 
ley, windlass house, and the like, are, Avlien so situated 
and used, exempt. On the other hand, however, no such 
distinction is admitted below the upper deck to the hull, 
and no deduction there allowed for engine-room, boilers, 
or any other purpose.” 


VESSELS ONCE MEASURED NOT TO BE REMEASURED. 

The tonnage or any documented vessel of the United 
States expressed in her marine papers, in pursuance of a 
measurement purporting to be in conformity to this rule, 
can be changed or set aside only by the Department, so 
long as the \ r essel remains unchanged in form or burden. 
Application from any quarter for amendment or revision 
in such cases must be submitted to the Department, Avith 
precise statements of the errors supposed to exist. (Re¬ 
vised Reg., Part I, Art. 138, p. 74.) 

The consent of the Department is always necessary 


before a, vessel can be readmeasured. (Synopsis of Decis¬ 
ions, 1868, (179,) p. 54.) 


AMERICAN VESSELS, IIOW DISTINGUISHED. 

The name of every registered ship or vessel shall be 
painted on her stern, on a black ground in white letters, of 
not less than three inches in length. (Act December 31, 
1792, $ 3, H. D., p. 26.) 

Every licensed ship or vessel shall have her name and 
the port to which she belongs painted on her stern in the 
manner as is provided for registered ships or vessels. 
(Act February 18, 1793, § 11, H. D., p. 40.) 

In every registered United fStates ship or vessel, the 
number denoting the total registered tonnage shall be 
deeply carved, or otherwise permanently marked, on her 
main beam, and shall be so continued; and if it at any time 
cease to be so continued, such vessel shall be no longer recog¬ 
nized as a registered United States vessel. (Act May 6, 
1864, $ 3, H. D., p. 442.) 

The tonnage must be marked on the face of the beam under 
the forward side of the main hatch of sca-goiug A r essels 
and lake vessels; on river steamers of the coast which 
carry passengers, both above and below main deck. 
Whore there is no hatch to the main deck, the tonnage 
mark should be made on one of the deck beams, in a con¬ 
spicuous place, and as near as possible to the middle of the 
vessel. It should bo in plain Arabic numerals, thus: 
S25 <>1-100, not less than three inches high, and not less 
than tlirec-eightlis of an inch deep. On vessels whose main 
beam is of wood, it should bo carved or branded, and on 



85 


vessels wliose main beam is of iron, it should be plainly 
marked in oil paint—white when the beam is black, and 
black when the beam is of any light color. (Revised Reg., 
Part I, Art. 136, p. 73.) 

Previous to granting a certificate of registry, enrollment, 
and license, or a clearance to any vessel of the United 
States, her number (if any be given to her in the list fur¬ 
nished by the Bureau of Statistics) must bo deeply carved, 
or permanently marked, on her main beam, in the same 
manner as her tonnage, and indorsed upon the official 
documents relating to her; and if at any time she shall 
cease to bo so marked, such vessel shall be no longer 
recognized as a vessel of the United States. The owner or 
master of a vessel must affix the number at his own ex¬ 
pense. (Revised Reg., Part I, Art. 141, p. 75.) 

DUTIES OF TIIE INSPECTORS FOR MEASUREMENT. 

The Inspectors for Measurement of Vessels are required 
to report at the Surveyor’s Office, daily, at such hour as the 
Surveyor may appoint, and to remain therein during the 
business hours of the day, or until sent out on duty. 

Whenever a vessel is to bo admeasured for tonnage, a 
memorandum will be made by the Clerk at tlio tonnage 
desk, stating the name of the vessel, whether American 
or foreign, to be measured, and also her location, and the 
Inspectors (not less than two) who are designated to 
measure such vessel. 

Upon receipt of such memorandum, the designated 
Inspectors shall forthwith proceed to perform the duty 
required of them. Having completed the measurements 
in the manner provided by law and regulations, and, if 


86 


tlie vessel is a new American vessel, having examined and 
ascertained that her name is painted on the stern accord¬ 
ing to law, they will return to the office and make the 
necessary computation, and, the same being done, w ill cer¬ 
tify the same. The original measurements and computa¬ 
tions will be recorded in the proper record book, and a 
certificate of the admeasurement issued in the prescribed 
form. 

When a doubt exists as to whether a foreign vessel 
arriving in port has been before admeasured, the Surveyor 
will designate an Inspector to “call on” the vessel and 
ascertain and report the facts. 


EXAMINATION OF PASSENGER VESSELS. 

One or more Inspectors for the Measurement of Vessels 
will be designated by the Surveyor for the measurement 
and examination of vessels arriving with passengers from 
foreign ports. 

The Inspectors so designated are required, upon the 
arrival of any such vessel, or as soon thereafter as is practi¬ 
cable, to go on board thereof, and to carefully measure all 
the places or spaces in or upon w r hicli passengers were 
brought. They shall also examine every emigrant ship 
or vessel, and ascertain the time of sailing, the length of 
the voyage, the ventilation, the number of passengers, 
their space on board, their food, the native country of the 
emigrants, the number of deaths, the ago and sex of those 
who died during the voyago, together with their opinion 
of the cause of the mortality, if any, on board, and if none, 
what precautionary measures, arrangements, or habits are 
supposed to have auy, and what, agency in causing the 


87 


exemption. (Passenger Act, March 3, 1855, H. D., § 9, pp. 
368-371.) 

The measurements of the spaces of every vessel will he 
recorded in the proper hooks kept in the Surveyor’s Office, 
and he certified hy the Inspectors making the same, and 
a detailed report will he made of the examinations of each 
vessel, in the form prescribed, and containing all the 
particulars and information required hy law and regula¬ 
tions. 

The reports aforesaid, signed hy the examining Inspec¬ 
tors, will he made to the Surveyor at the close of each 
month, with a brief abstract of the contents thereof, in the 
prescribed form. 

SPECIAL REPORTS. 

If it shall appear that any vessel has taken on hoard or 
brought an excess of passengers, a separate report, in the 
form prescribed, will be made and signed hy the examin¬ 
ing Inspectors, and ho delivered to the Surveyor; and 
if it he discovered hy the examining Inspectors that any 
provision or provisions of the passenger laws has or have 
been violated, they are required to make a special written 
report thereof to the Surveyor. 

THE MEASURER OF MARBLE. 

The practice, existing at some ports, of assuming that an 
invoice of marble is correct, is not permissible; such 
article must he actually and carefully measured, so as to 
ascertain the exact quantities landed whenever duties are 
to he assessed thereon. (Synopsis of Decisions, 1868, (109,) 

p. 28.) 

The Measurer of Marble is required to measure all mar- 


88 


ble landed at this port from any vessel from a foreign port 
or place, which has heen so landed under a duty-paid 
permit, warehouse, special, or general order. Having 
measured the marble described in any order or permit, or 
landed as aforesaid, he will keep a correct record thereof, 
and of each block or piece measured, which record or dock- 
book shall be indorsed with the name of the vessel from 
which the same was landed, the place from whence im¬ 
ported, and the name of the importer, and bo filed in the 
Surveyor’s Office. The Measurer will also make out two 
returns of the said measurements, and certify to the same, 
which will be promptly delivered by him to the Collector’s 
Office. 

THE WEIGHERS. 

ASSIGNMENTS. 

The Weighers will each bo assigned to duty on a district 
to be designated by the Surveyor. The districts and the 
assignments thereto will bo altered or changed wiienever 
in the judgment of the Surveyor it may be necessary. At 
ports where there is but one United States Weigher, the 
Assistant Weighers will be assigned to duty by him; he will 
be held responsible for the correct and efficient discharge of 
tlicir duties, and will report to the Surveyor any misconduct 
or neglect of duty on the part of any Assistant Weigher, 
Marker, or other employd. 

ATTENDANCE AND DUTIES. 

Each Weigher is required to be at the district to which 
he is assigned whenever wcighablo goods arc being landed 
thereon from a vessel or vessels discharging cargo from a 



89 


foreign port. He is required to inspect and take copies of 
all permits in the hands of the Inspector of the vessel, 
whenever the Collector has, by underscoring the articles 
named in the permit, directed the said articles to be 
weighed; and the Weigher is required to have and exer¬ 
cise a personal supervision of the weighing of such mer¬ 
chandise. The Weigher will be hold responsible for the 
prompt, faithful, and correct performance of the weighing 
done on his district. Weighers must not bo absent from 
their respective districts during the ordinary business hours 
of the day, unless necessarily absent on official business, or 
by leave of the Surveyor. 

weighers’ implements. 

Each Weigher is required to furnish the Surveyor, on the 
first day of January and July in each year, with a detailed 
list of all weighing implements in his possession on those 
days respectively. He is also required to have his weigh¬ 
ing implements tested and compared with the United States 
standard, at least twice a year, to wit: on or as soon after 
the first day of January and July as possible ; and to have 
the same tested as often as may be necessary to keep the 
same in conformity with the United States standard. 

Whenever new implements arc required, or whenever 
repairs arc necessary to the implements in use, the Weigher 
will present to the Surveyor a requisition in duplicate, stat¬ 
ing therein what is required. No expense for new imple¬ 
ments, or for repairs to implements, will be incurred by any 
Weigher until his requisition therefor has been approved 
by the Surveyor. 

When the bills for new implements, or for repairs to im¬ 
plements, are rendered to the Weigher who made the requi- 


00 


Bition therefor, lie is required to examine and satisfy himself 
that the work has been properly performed, and that the 
charges made therefor are reasonable and just, and then, 
and not otherwise, he will certify, under his signature, that 
the bill is correct. 

The Weighers will be held responsible for the safe-keep¬ 
ing of the implements delivered to them respectively. 

DOCK BOOK AND RETURNS. 

The Weighers will be furnished by the Surveyor with 
proper blank books, known as “ Dock Books,” in which the 
Weigher shall daily make a true and correct entry of goods 
weighed by him, specifying the date the same was per¬ 
formed. These dock books must be kept in such manner 
that they will, when completed, contain all the specifica¬ 
tions necessary to a perfect account of the merchandise 
weighed. The Weigher should first copy the Permit or 
Order in the dock book, and then proceed, in all cases where 
the merchandise is required to be weighed by numbers, to 
enter the number and weight of each separate package 
weighed by him. When it can be done, the numbers should 
be stated in their order, from lowest to highest; in other 
cases, the weights will be entered as they are weighed. 
The Weigher must add up the weights stated in each col¬ 
umn of his dock book, and give the gross weight, the tare, 
and the net weight of each lot (i. e., of a number of pack¬ 
ages of same mark) as returned by him, and at the end of 
all the entries the total gross weights and tares must be 
recapitulated. The dock book must be indorsed on the out¬ 
side with the name of the vessel, the date the return is filed 
iu the Surveyor’s Office, and the Weigher’s signature. 

In order to facilitate the prompt liquidation of duties, 


01 


Weighers .are required to make a Special Return of the 
weight of the articles embraced in each permit or order, as 
soon as the same shall have been ascertained. 

A General Return of the whole cargo will be made to the 
Naval Officer. 

The proper returns having been made, the Weigher will 
procure the checks of the Clerks receiving the same to be 
made in the dock book, and the said dock book must be 
filed within three days after the vessel is discharged, in the 
Surveyor’s Office, as a public record, and to enable the 
Clerks to keep the accounts of the Weighers. 

Separate books will be kept for the cargo of every vessel. 

WEIGHT AND TARE. 

Before weighing any merchandise the Weigher must see 
that the beam is accurately balanced, and that the proper 
poise to be used agrees with the United States standard. 
As accuracy in weighing depends very much upon the accu¬ 
racy of the poise, it should always be kept clean, and be 
frequently tested with, and adjusted to, the standard. 

A fairly even beam is weight , but as, in weighing merchan¬ 
dise, it seldom happens that the beam will stand at an 
exact poise, but will go either above or below an “even 
beam,” the weight will bo taken on the “rising beam.” 
Weighers are required to mark the weight, &c., on each 
package. (Gen. Reg., Art. 443.) 

In estimating the allowance for taro on all chests, boxes, 
cases, casks, bags, or other envelope or covering, of all arti¬ 
cles imported liable to pay any duty, where the original 
invoice is produced at the time of making entry thereof, 
and the tare shall be specified therein, it shall be lawful 


92 


for tlio Collector, if lie shall see fit, or for the Collector and 
Naval Officer, if such officer there he, if they shall see fit, 
with the consent of the consignees, to estimate the said 
tare according to such invoice; but in all other cases the 
real tare shall bo allowed, and may be ascertained under 
such regulations as the Secretary of the Treasury may from 
time to time prescribe, but in no case shall there be any 
allowance for draft. (Act 14, July 1862, $ 16, H. D., p. 419.) 

The execution of the foregoing provision will be governed 
by the following regulations: 

In all cases where the original invoice is produced at the 
time of making the outry thereof, with the tare specified 
therein, the Collector, or Collector and Naval Officer, if 
such officer there be, may, in his or their discretion, and 
with the consent of the consignees, estimate the tare 
according to the invoice; otherwise the real taro is to bo 
allowed. The Schedule of Tares annexed is the tare to bo 
allowed in all cases where the invoice tare is not adopted 
as hereinbefore proscribed: Provided, That the Collector 
shall have the right at any time to test the tare on any 
importation where, in his opinion, the real tare may vary 
from the tare in the Schedule annexed. Should any con¬ 
signee or importer enter a protest in due form of law against 
the enforcement of any one or more of the tares as herein 
set forth, the Collector will, in all such cases, adopt the 
real tare, to be ascertained in the usual manner. (Dept. 
Circular, January 24 ,1863.) 

Whenever the. Weigher has reason to believe that the 
schedule tare of any merchandise is greater than the real 
tare, he is authorized and required to ascertain the actual 
tare 


93 


Whenever the Weigher finds it necessary, or is required 
to ascertain actual tare, as many casks, boxes, or other 
envelopes as may ho necessary for that purpose will he 
emptied and accurately weighed. Actual tare will he 
ascertained and returned separately on ullaged or damaged 
sugar. 

The Weighers are required to note in their returns, at 
the head of the column of tares, whenover the taro returned 
hy them is “ actual tare.” 

EXTRA WEIGHT. 

The Weighers are not authorized to make any allow¬ 
ance for an increase of weight or quantity caused hy the 
article contracting moisture on the voyage of importation, 
hut the actual weight, as ascertained after landing, must 
he returned. (Gen. Reg., $ 378.) But this refers only to 
the moisture contracted, as one of the ordinary incidents 
of the voyage of importation, and not to cases of accidental 
and unusual leakage and shipment of water. (Dept. 
Circular, October 28, 1868.) 

No allowance in the exceptional cases above referred to 
will ho made until the facts have been fully stated hy the 
Weigher to the Surveyor, and his permission for such 
allowance obtained; and the quantity allowed must ho 
separately stated in the return. 

Whenever any package of merchandise is apparently 
damaged, or the weight thereof is increased hy the acci¬ 
dental and unusual leakage or shipment of water on the 
voyage of importation, the Weigher will ascertain the 
weight of such merchandise in the condition in which it is 
landed; hut before making his return he will report all the 


94 


facts and circumstances of the case to the Surveyor, who 
will thereupon give such directions to the Weigher in 
relation to making his return as may ho just and proper. 

AMENDING RETURNS. 

When a return has been once made by the Weigher, it 
must not be amended or changed, except by application 
to, and by permission of, the Surveyor. The amended 
return must state why the amendment is made, and be 
checked or signed by the Weigher before it is presented to 
the Surveyor for his approval. 

When an amendment to the Return is allowed, the 
Weigher must correct his dock book in accordance with his 
amended return. 

WEIGHING AND RETURNING BY NUMBERS. 

All articles required to bo weighed separately, under 
Warehouse Permits and General Order, shall be weighed 
and returned by numbers; and in case there are no 
numbers on such casks or packages when landed, it 
shall bo the duty of the Weigher to number the same 
from 1 to-, cither at or before the time of determin¬ 

ing tlio quantity, and to make return by such numbers. 
These numbers must bo put on with proper marking liquid, 
not chalk. 

Sugar in hogsheads, tierces, or boxes, need not be num¬ 
bered in absence of original numbers; if found numbered 
and permitted by numbers, must be weighed and returned 
by such numbers. The weight to be marked in a distinct 
and durable manner upon the end of the cask or package. 

Tobacco in bales, cases, or ccroons, to be weighed 



95 


separately, and returned by numbers, and in absence of 
numbers to be numbered. 

In case the numbers are defaced from part of a lot of 
goods required to be weighed by numbers, the new num¬ 
bers put on in the place of those defaced should be such 
as to avoid duplicate numbers of same mark. In such 
cases higher numbers should be put on than those speci¬ 
fied in the Permit, and be returned as Weigher’s numbers. 

All articles weighed, cither under Warehouse Order, 
Duty-paid Permit, or General Order, if of such size or kind 
as to be weighed separately, must have the letters uWs 
with the initial of the Weigher’s name underneath, and the 
weight marked on the same, as above directed. 

In all cases where numbers are put on packages by the 
Weigher, it must be stated in- the return that they are 
u Weigher’s numbers.” 

It is not intended by these instructions to increase the 
labor and expense of weighing beyond what is essentially 
necessary to guard the revenue, and have return of weight 
by marks and numbers, so as to facilitate business depend¬ 
ent upon such return. It is expected that the Weighers 
will exercise, in the discharge of their duties, a sound 
judgment and proper discretion, so that in case packages 
of same mark, weighed under Warehouse Permit or Gen¬ 
eral Order, vary materially from each other in size and 
w eight, that the same will be weighed and returned sepa¬ 
rately, by the numbers found on same, and in the absence 
of numbers, that numbers shall be put on, and the weight 
of each package returned by such numbers, as well for the 
purpose of guarding the revenue against loss, in cases 
where exportation of a part of the whole number of pack¬ 
ages at average weight w r ould produce that efiect, as to 


furnish by their return information necessary for the 
transaction of the warehouse business. 

COAL AND SALT. 

Coal and salt will he landed under the supervision of 
the Inspector of the vessel in tubs provided by the Sur¬ 
veyor. If the Inspector of the vessel cannot personally 
take account of tlie coal or salt delivered, the Weigher is 
required to designate a competent man to keep the tally 
under the supervision of the Inspector. 

Coal tubs contain, when even full, three heaped bushels, 
equivalent to three and three-quarters struck bushels. 
Salt tubs hold two struck bushels. 

At least one in every fifty tubs delivered must be ac¬ 
curately weighed, and when such tubs are weighed care 
must bo taken to have them filled as nearly even full as 
possible. The Inspector will be instructed to see that 
uniformity is preserved in delivering tho coal or salt. 

As soon as tho merchandise is all landed, the Weigher will 
procure from the Inspector a statement of the number of 
the sacks, bags, or tubs delivered, and having satisfied 
himself that the number so returned by the Inspector is 
correct, will make up his return according to the average 
ascertained by his weights. The return of coal must show 
the number of bushels delivered, the average weight per 
bushel, and the cross weight reduced to tons, cwt., qrs., 
and pounds. The return of salt must state the number of 
measured bushels, the actual average weight per bushel, 
and tho gross weight, and tare, (if any,) in pounds. His 
return must be made in triplicate, one copy thereof to be 
delivered to the Collector’s office, one to the Naval Office, 
and one to the Surveyor’s Office. 


97 


RAILROAD IRON. 

From every invoice of Railroad Iron a sufficient number 
of bars (of equal length) will be weighed in order to ascer¬ 
tain the average weight thereof, the whole number of bars 
to be counted, and returns of the weight of such iron must 
be made as of other weighable merchandise. 

Railroad Iron withdrawn for export will be weighed and 
returned in like manner, and the fees of three cents per 
hundred pounds collected as for other weighable merchan¬ 
dise. (Department Letter to Collector, June 7, 1869.) 

GRAINS. 

For the purpose of estimating the duties on importations 
of-grain, the number of bushels shall be ascertained by 
weight; and 60 pounds of wheat, 56 pounds of corn, 56 
pounds of rye, 48 pounds of barley, 32 pounds of oats, 60 
pounds of peas, and 42 pounds of buckwheat, avoirdupois 
weight, shall respectively be estimated as a bushel. (Act 
July 18, 1866, $ 38, H. D., p. 485.) 

SPECIAL ORDERS AND EXPORTS. 

Whenever a Permit or Order directs the "Weighing of 
goods, and a special return therefor, the Weigher will weigh 
the goods designated, and make-a return separate and dis¬ 
tinct from any other, without delay. 

If the merchandise has been shipped before the order to 
weigh is received by the Weigher, he will indorse the facts 
on the back of the order, and return it to the Surveyor. 

WHEN EXPENSES OF WEIGHING ARE PAID BY IMPORTER. 

In all cases where the invoice and entry shall not contain 
the weight, quantity, or measure of goods, or where any 

7 


98 


good reason shall exist for the belief that the quantity was 
designedly misstated in the invoice, with the intention of 
evading the proper amount of duty, then in all such cases 
the expense of weighing, gauging, and measuring, must be 
defrayed by the owner, agent, or consignee. 

When goods are withdrawn from warehouse in quanti¬ 
ties less than the entire importation, the expense of weigh¬ 
ing, gauging, and measuring, must be paid by the importer, 
if it be necessary to ascertain dutiable value. 

When imports are to be weighed, gauged, or measured, 
at the expense of the the importer, the particular article on 
the permit to land will be double underscored. In all such 
cases the officer will state in his return the fees allowed by 
law for ascertaining quantity, &c. 

LABOR-ROLLS AND PAY TICKETS. 

The Weighers will keep faithful and exact accounts of 
the laborers employed by them in the performance of their 
official duty; and a paiy-roll, in duplicate, in the form pre¬ 
scribed, will be made up weekly and presented to the Sur¬ 
veyor for approval. These pay-rolls must be receipted 
by each person employed, in liis own handwriting, and 
when unable to write, the laborer will make his mark, 
which must be witnessed at the foot of the roll by some 
person other than the Weigher. The laborers will also be 
required to take and subscribe the oath prescribed by sec. 
16, Act May 17, 1822, (H. D., p. 206,) and this oath should 
be printed at the head of the pay-roll. 

At the time the rolls are signed by the persons employed, 
the Weigher employing them will furnish to each a cer¬ 
tificate, or pay ticket, according to the form prescribed. 


99 


The tickets will he presented by the laborer in person to 
the Paymaster, and the amount stated therein (if agreeing 
with the pay-roll) will he paid by him directly to the per¬ 
son named therein. (Gen. Reg., 1857. Art. 59, p. 325.) 

The labor-rolls will be made up and delivered at the Sur¬ 
veyor’s Office weekly. 

E3F 3 The special attention of the Weighers is directed to 
the necessity of giving to their expenditures for labor a 
personal and careful supervision. No more laborers than 
are absolutely necessary to enable the weighers to perform 
their official duties will bfe employed, and the pay-roll must 
show the exact time each laborer was employed, and the 
precise sum due him for such labor. 


PENALTIES. 

If any Weigher shall receive any gratuity, fee, or reward, 
for any services performed by virtue of this Act, other than 
is bylaw allowed, or if any Weigher shall weigh any 
article or articles other than shall be directed by the proper 
officer, in order to ascertain the duties to be received, or 
the drawbacks to be allowed thereon, or shall make a 
return of the weight of any merchandise laden or to be 
laden, on board any ship or vessel, for the benefit of draw¬ 
back upon exportation, without having actually weighed 
the same, he shall for the first offense forfeit and pay the 
sum of fifty dollars, and for the second offense shall forfeit 
two hundred dollars, and be discharged from the public 
service. (Act March 3, 1779, $ 73, H. D., p. 110.) 

If any Officer of the Revenue shall, by collusion with 
any importer or other person, or by means of any false 
weight or measure, or of any false classification as to quality 


100 


or value of any goods, wares, or merchandise, or hy any 
other means whatever, knowingly admit or aid in admit¬ 
ting to entry any such goods, wares or merchandise, upon 
the payment of less than the amount of duty legally due 
thereon, or shall knowingly accept from any person engaged 
in the importation of goods, wares, or merchandise into the 
United States, or interested as principal clerk, or agent, in 
any such importation, or in the entry of any goods, wares, 
or merchandise, any fee, gratuity, or emolument whatso¬ 
ever, such Officer shall, on conviction thereof, he removed 
from office, and shall he fined in any sum not exceeding 
five thousand dollars, or he imprisoned not exceeding two 
years, at the discretion of the court. (Act March 4, 1803, § 
4, H. D., p. 427.)' 


ABSENCE, ETC. 

Weighers must not absent themselves from their official 
duties nor leave the city without obtaining the consent of 
the Surveyor. Whenever, hy reason of sickness, or other 
cause, a Weigher is unable to perform his duties, the Sur¬ 
veyor must he immediately notified of such fact, and an¬ 
other Weigher will he designated to perform his duties for 
the time being. 


SCHEDULE OF TARES. 

(See Revised Reg. 1869, Part IV, Art. 205, p. 71.) 

Almonds: Bales, 21 per cent.; hags, 2 per cent.; frails, 8 
per cent. 

Alum : Casks, 10 per cent. 

Barytes: 3 per cent. 

Cheese: Casks or tubs, 10 per cent* 


101 


Cassia: Mats, 9 per cent. 

Coffee, Bio: Single hags, 1 pound ; double bags, 2 pounds. 
All other coffee, actual tare. 

Cinnamon : Bales, 6 per cent.' 

Cocoa: Bags, 2 per cent; ceroons, 8 per cent. 

Chiccory: Bags, 2 per cent. 

Copperas : Casks, 10 per cent. 

Currants : Casks, 10 per cent. 

Hemps : Manila, 4 pounds to each bale; Hamburg, Leg¬ 
horn, Trieste, 5 pounds each bale. 

Indigo: Ceroons, 10 per cent. 

Melada: 11 per cent. 

Nails: Bags, 2 per cent.; casks, 8 per cent. 

Ochre: Dry, in casks, 8 per cent.; in Oil, casks, 12 per 
cent. 

Peruvian Baric: Ceroons, 10 per cent. 

Paris White : Casks, 10 per cent. 

Pepper: Bags, 2 per cent.; double bags, 4 per cent. 

Pimento: Bags, 2 per cent. 

* Baisins: Boxes, 25 per cent.; % boxes, 27 per cent.; i 
boxes, 29 per cent.; frails, 4 per cent.; casks, 12 per cent. 

Bice: Bags, 2 per cent. 

Spanish Brown: In casks, dry, 10 per cent.; casks, in 
oil, 12 per cent. 

Sugar: Hogsheads, 12^ per cent.; tierces, 12 per cent.; 
barrels, 10 per cent.; boxes, 14 per cent.; bags, 2 per cent.; 
mats, 2-£ per cent. 

Salt: Fine, in sacks, 3 pounds for each sack; coarse, or 
ground alum, 2 pounds each. 


* The actual tare of raisins must be in all cases ascertained and re* 
turned. (Collector’s Order dated November 1st, 1869.) 



102 


•Teas: Actual tare by weight. 

Tobacco: Leaf, in bales, tare 10 pounds each bale; bales 
with extra covers, 12 pounds each. 

Whiting : Casks, 10 per cent. 

Nitrate of Soda: Bags, 2 per cent. 

Sheet Iron in Bundies : Weight of bands allowed. 

Wool — Jute—Gunny Bags: Actual weight of outside cov¬ 
ering. 

THE GAUGERS. 

ASSIGNMENTS. 

The Gaugers will each be assigned to duty by the Sur¬ 
veyor. The assignments will bo altered or changed when¬ 
ever in the judgment of the Surveyor it may be necessary. 

ATTENDANCE AND DUTIES. 

Each Gauger is required to be at the vessel to which he 
is assigned whenever gaugeable goods are being landed 
therefrom. He is required to inspect and take copies of 
all permits in the hands of the Inspector of the vessel 
whenever the Collector has, by underscoring the articles 
named in the permit, directed the said articles to be gauged; 
and the Gauger is required to personally perform the 
gauging, and for the correctness of which he will be held 
personally responsible. 

Gaugers must not be absent from the Surveyor’s Office 
during the ordinary business hours of the day, unless 
necessarily absent on official business, or by leave of the 
Surveyor. 

GAUGING INSTRUMENTS. 

Each Gauger is required to furnish the Surveyor, on the 
first day of January and July in each year, with a com- 


103 


plete and detailed list of all gauging instruments in his 
possession on those days respectively. He is also required 
to have his instruments tested and compared with the 
United States standard at least twice a year, to wit: on or 
as soon after the first day of January and July as pos¬ 
sible, and as often as may be necessary to keep the same 
in conformity with the United States standard. 

Whenever new instruments are required, or whenever 
repairs are necessary to the instruments in use, the Gauger 
will present to the Surveyor a requisition in duplicate, 
stating therein what is required. No expense for new 
instruments or for repairs to instruments will be incurred 
until the Gauger’s requisition therefor has been approved 
by the Surveyor. 

The Gaugers will be held responsible for the safe-keep¬ 
ing of the instruments delivered to them respectively. 

GAUGING. 

The instruments to be used for gauging purposes shall 
be those known as the Calliper’s and Gunter’s scale, or the 
sliding scale; a marking or scoring iron must also be used 
for the purpose of marking or scoring the capacity and 
outs. On all casks exceeding the capacity of fifty gallons, 
no fractional gallons shall be marked; and on all casks of 
fifty gallons or less (molasses excepted) the fractional one- 
half (i) only shall be used, as 1, 1£, 2, 2£, &c. (Gen. Reg., 
1857, Art. 633, p. 350.) 

Linseed oil, as well in order to the assessment of duties 
as for statistical purposes, must be gauged. (Gen. Reg., 
1857, Art. 634, p. 350.) 

Gaugers will carefully examine the bung staves of casks 
containing distilled spirits or other gaugeable merchan- 


clise, and when tlie bung stave is perceptibly thicker than 
the other staves, or when casks are of such form that the 
true capacity thereof cannot be accurately determined by 
the instruments, the capacity of such casks shall be deter¬ 
mined by actual measurement with the standard measures. 

DOCK BOOKS AND RETURNS. 

The Gaugers will be furnished by the Surveyor with 
proper blank-books, known as “Dock Books,” in Avhicli 
the Gauger shall daily make a true and correct entry of 
the merchandise gauged by him, specifying the date the 
same was performed. These dock books must be kept 
in such manner that they will, when completed, con¬ 
tain all the specifications necessary to a perfect account 
of the merchandise gauged. The Gauger should first 
copy the Permit or Order in the dock book, and then pro¬ 
ceed, in all cases where the merchandise is required to be 
gauged by numbers, to enter the number and the capacity 
and outs of each separate package gauged by him. When 
it can be done, the numbers should be stated in their order, 
from lowest to highest; in other cases they will be entered 
as they are gauged. The Gauger must add up each 
column of his dock book, and give the gross capacity and 
outs and the net gauge of each lot ( i. e., of a number of 
packages of same mark) as returned by him. At the end 
of all the entries the total gross capacities and outs must be 
recapitulated. The dock book must be indorsed on the 
outside with the name of the vessel, the date of filing it in 
the Surveyor’s Office, and the Gauger’s signature. 

In order to facilitate the prompt liquidation of duties, 
Gaugers are required to make a Special Return of the 


105 


quantity iu detail of the articles embraced in each permit 
or order as soon as the same shall have been ascertained. 

A General Return of the whole cargo will he made to the 
Naval Officer. 

The proper returns having been made, the Gauger will 
procure the checks of the Clerks receiving the same to he 
made in the dock hook, and the said dock book must he 
filed within three days after the vessel is discharged in the 
Surveyor’s Office as a public record, and to enablo the 
Clerks to keep the accounts of the Gaugers. 

Separate books will be kept for the cargo of every vessel. 

AMENDING RETURNS. 

When a return has been once made by the Gauger, it 
must not be amended or changed, except by application to, 
and by permission of, the Surveyor. The amended return 
must show the fact of the amendment and be checked or 
signed by the Gauger before it is presented to the Surveyor 
for his approval. 

When an amendment to the Return is allowed, the 
Gauger must correct his dock book in accordance with his 
amended return. 

GAUGING AND RETURNING BY NUMBERS. 

All articles required to be gauged separately under Ware¬ 
house Permits and General Order shall be gauged and 
returned by numbers; and in case there are no numbers on 
such casks or packages when landed, that it shall be the 
duty of the Gauger to number the same from 1 to —, either 
at or before the time of determining the quantity, and to 
make return by such numbers. These numbers must be 
put on with proper marking liquid, not chalk. 


10G 


The directions in respect to numbering casks when 
landed without numbers are not intended to apply to such 
as contain either molasses or wines known as “white” or 
“red” in casks of uniform size. In case of material differ¬ 
ence in the capacity of casks of the same mark, they must 
be numbered. 

In case the numbers are defaced from part of a lot of 
goods required to be gauged by numbers, the new numbers 
put on in the place of those defaced should be such as to 
avoid duplicate numbers of same mark. In such cases 
higher numbers should be put on than those specified in 
the Permit and be returned as Gauger’s numbers. 

SFECIAL ORDERS AND EXPORTS. 

Whenever a Permit or Order directs the gauging of mer¬ 
chandise and a special return therefor, the Gauger will 
gauge the merchandise designated, and make a return 
separate and distinct frpm any other, without delay. 

LABOR AND PAY ROLLS. 

The Gaugers will keep faithful and exact accounts of the 
laborers employed by them in the performance of their 
official duty, and a pay-roll, in duplicate, in the form pre¬ 
scribed, will be made up monthly, and presented to the 
Surveyor for approval. These pay-rolls must be receipted 
by each person employed, in his own handwriting, and 
when unable to write, the laborer will make his mark, 
which must be witnessed at the foot of the roll by some 
person other than the Gauger. 

The laborer will also be required to take and subscribe 
the oath prescribed by section 16, act May 17, 1822, (H. D., 


107 

p. 206,) and this oath should be printed at the head of the 
pay-roll. 

IBP The special attention of the Gaugers is directed to 
the necessity of giving to their expenditures for labor a 
personal and careful supervision. No more laborers than 
are absolutely necessary to enable the Gaugers to perform 
their official duties will be employed, and the pay-roll must 
show the exact time each laborer was employed, and the 
precise sum due him for such labor. 


PENALTIES. 

If any Gauger shall receive any gratuity, fee, or reward 
for any services performed by virtue of this act, other than 
is by law allowed, or if any Gauger shall gauge any arti¬ 
cle or articles other than shall be directed by the proper 
officer, in order to ascertain the duties to be received, or 
the drawbacks to be allowed thereon, or shall make a return 
of the gauge of any merchandise laden or to be laden on 
board any ship or vessel, for the benefit of drawback upon 
exportation, without having actually gauged the same, he 
shall, for the first offense, forfeit and pay the sum of fifty 
dollars, and for the second offense shall forfeit two hundred 
dollars, and be discharged from the public service. (Act 
March 3, 1799, § 73, H. D., p. 110.) 

If any Officer of the Revenue shall, by collusion with 
any importer or other person, or by means of any false 
weight or measure, or of any false classification as to 
quality or value of any goods, wares, or merchandise, or 
by any other means whatever, knowingly admit or aid in 
admitting to entry any such goods, wares, or merchandise 
upon the payment of less than the amount of duty legally 


108 


due thereon, or shall knowingly accept from any person 
engaged in the importation of goods, wares, or merchan¬ 
dise into the United States, or interested as principal, clerk, 
or agent in any such importation, or in the entry of any 
goods, wares, or merchandise, any fee, gratuity, or emolu¬ 
ment whatsoever, such officer shall, on conviction thereof, 
he removed from office, and shall he fined in any sum not 
exceeding five thousand dollars, or he imprisoned not ex¬ 
ceeding two years, at the discretion of the court. (Act 
March 3, 1863, § 4, H. D., p. 427.) 

ABSENCE, ETC. 

Gaugers must not absent themselves from their official 
duties, nor leave the city without obtaining the consent of 
the Surveyor. Whenever, by reason of sickness or other 
cause, a Gauger is unable to perform his duties, the Sur¬ 
veyor must be immediately notified of such fact, and 
another Gauger will be designated to perform his duties 
for the time being. 

THE MARKER OF DISTILLED SPIRITS. 

The Officers of Inspection at any port where distilled 
spirits shall be landed, shall, upon the landing thereof, and 
as soon as the casks or cases containing the same shall 
be inspected, gauged, or measured, brand, or otherwise 
mark in durable characters, the several casks and cases of 
spirits containing the same, and the said marks shall 
express the number of casks or cases of spirits marked by 
each officer, respectively, in each year, in progressive num¬ 
bers ; also, the port of importation, the name of the vessel, 
and the surname of the master; also each kind of spirits, 
the number of gallons in each cask or case, the rate of 


100 


proof of eacli; also, the name of the Surveyor of the Port, 
and the date of importation, of all which particulars the 
officers of inspection shall keep full and correct accounts, 
in books to be provided for that purpose. (Act March 2, 
1799, $ 39, p. 89.) 

The marking of spirits will be performed by one of the 
Inspectors, specially deputed by the Surveyor of the Port 
for the purpose. (Department Circular, March 28, 1850.) 

The Inspector designated by the Surveyor as the Marker 
of Distilled Spirits, is required to attend with his assistants 
whenever distilled spirits are landed from any vessel, and 
as soon as the several casks or. packages thereof are gauged, 
to ascertain the proof, and to mark the same in the manner 
required by law. 

The marking of casks or packages will be done by means 
of a stencil plate, except that the gallons and outs, the 
proof, and the “ Revenue number” will be put on with a 
brush. 

The proof will be ascertained by the standard alcohol- 
meter provided by the Department, and, in connection 
therewith, u Bache’s tables,” approved by the Department. 

When distilled spirits are imported in casks, or other 
vessels of less than fourteen gallons capacity, but imported 
in packages so as to conform to the requirements of law, 
the package, and also each inside cask, or other vessel, may 
be plated. (Department Letter, December 24, 1869.) 

The law requires that the casks marked during the year 
shall be numbered progressively. The Marker is, there¬ 
fore, required, at the beginning of each year, to commence 
with the Revenue number 1, and to mark the numbers 
progressively, commencing each lot by any vessel, and those 


110 


of different vessels, with the number following the last 
cask or package of the previous lot, or of the vessel. 

The Inspector is required to keep for each vessel a dock 
book, in which shall first be copied the permits, or orders, 
for landing distilled spirits from the vessel; and the Reve¬ 
nue number, capacity, outs, and proof of each cask or pack¬ 
age shall be entered in detail. 

All packages sent under general order shall be noted. 
When the book of any vessel is complete, it shall be certi¬ 
fied by the Inspector and filed in the Surveyor’s office as an 
official record. 

No greater quantity of spirits shall be taken from any 
cask or package than is necessary to fill the proof glass, 
and the proof having been ascertained, the spirits so taken 
shall be returned to the cask or package. 

Whenever it is practicable the marking of spirits shall 
be done as soon as the same have been gauged, and the 
Gaugers are required to give the Marker all necessary 
information and assistance to enable him to perform his 
duty. 

The pay-roll of the Marker for his assistants and labor¬ 
ers will be made up monthly in the form prescribed. 

THE NIGHT WATCH. 

THE CAPTAIN OF THE WATCH. 

It shall be the duty of the Captain to be at the Barge 
Office, daily, at 5 o’clock p. m., or such other hour as the 
Surveyor may appoint; to have the general charge and 
supervision of the Lieutenants and of the Night Inspectors; 
to instruct Night Inspectors as to their duty; to promul¬ 
gate and enforce all orders of the Surveyor in relation to 


Ill 


the Night Watch; to direct the manner of assigning the 
Night Inspectors to duty, and when any Night Inspector 
is reported by a Lieutenant or Roundsman for any reason, 
to investigate the case, and to transmit the report, with his 
opinion indorsed thereon, to the Surveyor; to make report 
to the Surveyor of any misconduct, negligence, or disobe¬ 
dience of orders by any Night Inspector which may come 
to his knowledge; and when a Night Inspector is reported 
sick to make personal inquiry as to the facts of the case, 
and to make report thereof to the Surveyor; and every 
night to personally visit as many of the charges and 
stations of the Night Inspectors as is practicable, and to 
report any dereliction of duty observed by him. 

THE LIEUTENANTS OF THE WATCH. 

It shall be the duty of the Lieutenants to bo at the 
Barge Office at 5 o’clock p. in., or such other hour as the 
Surveyor may appoint, to supervise the signing of the roll 
by the Night Inspectors as they report for duty; to assign 
to duty those who are present, to the respective stations 
and charges; to make out a list of charges for the Rounds¬ 
men of each Watch; to note and report to the Captain 
those Night Inspectors who report late, or who are absent 
from duty, and to obey such orders and perform such duties 
as may be required of them by the Captain of the Night 
Watch. The Lieutenant in charge shall remain on duty at 
the Barge Office until relieved, and should any vessel arrive 
during the night, or any call be made for a Night Inspector 
or Inspectors, he will make the necessary assignment of a 
Night Inspector or Inspectors thereto. At ports where 
there are two Lieutenants, the Surveyor may arrange for 
their alternate attendance and duty every other night. 


112 


The Report of each night, showing the station or charge 
to which each Night Inspector reporting for duty was 
assigned, and also showing those who were late, absent, 
sick, &c., having been first signed by the Captain and the 
Lieutenant on duty, shall be delivered to the Surveyor. 

THE NIGHT INSPECTORS. 

The Night Inspectors shall be divided into two watches, 
as nearly equal as possible, both watches to perform duty 
every night. The Surveyor of the port will, however, make 
such changes in the division of the watches as he may deem 
expedient, and will appoint the hours of duty for the dif¬ 
ferent watches. 

Whenever it is necessary to assign a Night Inspector to 
a vessel in the stream, or to any other “ all night ” charge, 
the Night Inspector so assigned must remain on the vessel, 
or on his charge, until relieved, and he will be excused from 
performing any duty the following night. 

Night Inspectors must not quit their charge, on being 
relieved, without first making their presence personally 
known to the officer relieving them. 

Night Inspectors, when on duty, must wear their official 
badge. 

DUTIES OF NIGHT INSPECTORS. 

The Roundsmen are required to visit during the night 
the various charges to which Night Inspectors are assigned, 
to see that such officers are properly performing their duty; 
and if any are found absent, off their charge, or neglecting 
or inefficiently performing their duty, or guilty of any 
violation of orders, to report the facts, in writing, to the 
Captain of the Watch. The Roundsmen will note upon the 


113 


list of charges furnished to them by the Lieutenant the 
names of the Night Officers whom they find on the charges, 
respectively, and the hour of the night when the charge 
was visited by them. 

Night Inspectors are appointed for the purpose of pre¬ 
venting smuggling. They are required to keep a vigilant 
watch over the vessels, stores, or merchandise whose 
custody is committed to them, in order to prevent the land¬ 
ing, between sunset and sunrise, of any merchandise from 
any vessel, unless the same is done by proper authority 
and under the supervision of a Day Inspector, and to pro¬ 
tect the stores and merchandise from robbery or the un¬ 
lawful removal of tho merchandise therefrom, or from any 
wharf or place on which the same may be deposited. 

Whenever cargo is being discharged from any vessel at 
night under the supervision of a Day Inspector, the Night 
Inspector assigned to such vessel is authorized to demand 
to see, and the Day Inspector is required to exhibit, the 
night permit for the working of the vessel. 

They are required to stop any person or persons who 
may leave the vessel, store, or warehouse in their custody 
in the night time, and if they have reasonable cause to 
suspect that such person or persons are attempting to 
smuggle any merchandise, to examine such person or per¬ 
sons, and any package of any kind in his or their posses¬ 
sion. 

They are also required to stop any person who may 
attempt to go on board of the vessel to which they are as¬ 
signed in the night, and to satisfy themselves that such 
person has the right or may properly be allowed to go on 
board. 

8 


They are also required to keep a strict watch upon any 
small boat which may come to or near any wharf or vessel 
at which they are assigned, and to take all necessary pre¬ 
cautions to prevent, smuggling by means of such boats. 

Night Inspectors have the right to arrest any person or 
persons in the act of smuggling foreign merchandise, and 
to call for the assistance of the Police or of Citizens to aid 
them in so doing, and to seize, take possession of, and secure 
any merchandise which has been smuggled or landed 
illegally from any vessel during the night. 

Should any arrest or seizure be made by Night Inspectors 
the facts shall be promptly reported to the Surveyor, and 
the merchandise seized must be deposited in the Seizure 
Room of the Custom-house the next morning, and reports 
thereof made, as required in cases of seizure by the Day 
Inspectors. 

If Day Inspectors are dilatory in relieving the Night In¬ 
spectors at the proper time in the morning, the facts must 
be reported to the Surveyor. 

When two Night Inspectors are stationed on the same 
charge, both must remain on duty at the place specified 
by the Captain of the Watch until they are properly re¬ 
lieved. 

Night Inspectors reporting late for duty, or absent with¬ 
out leave, will have their pay deducted for the night so 
late or absent, and will not be permitted to go on duty 
without the order of the Surveyor. 

Night Inspectors absent by reason of sickness must fur¬ 
nish proof of the fact to the Surveyor, otherwise their pay 
will be deducted for the time absent. 

When leave of absence is desired by any Night Inspector, 


115 


liis written application therefor must he checked by the 
Captain before being presented to the Surveyor. 

Any neglect of duty, violation of law or orders, or con¬ 
duct unbecoming an Officer, will subject the offender to 
suspension and removal from office. 


APPENDIX. 


SYNOPSIS OF PENALTIES FOR VIOLATIONS OF REVENUE 

LAWS. 

Name of registered vessel must be painted thereon. Pen¬ 
alty $50. (Act December 31, 1792, § 3, H. D., p. 20.) 

Penalty for fraudulently using certificate of registry for 
another vessel, forfeiture of vessel. {Idem, § 27, H. D., 
p. 36.) 

Penalty for false oath or record concerning registry, 
$500. {Idem, § 28, H. D., p. 36.) 

Penalty for using forged license or license of another 
vessel, forfeiture of vessel. (Act February 18, 1793, § 5 
H. D., p. 38.) 

Penalty for carrying merchandise from foreign port in 
coasting vessel, forfeiture of vessel. {Idem, § 6, H. D., 
p. 39.) 

Penalty for not surrendering expired license, $50. {Idem, 
§ 9, H. D., p. 39.) 

Penalty for not having name painted on licensed vessel, 
$20. {Idem, § 11, H. D., p. 40.) 

Penalty for refusing to show ship’s papers to officer, $100. 
{Idem, § 13, H. D., p. 40.) 

Penalty for not having manifest of spirits, wines, &c., 
when leaving port or arriving, $100. {Idem, §§14 and 15, 
II. D., p. 41.) 

Penalty for not having manifest in case of coasting ves¬ 
sel having distilled spirits or foreign merchandise on board, 
$100. If without cargo, $50. {Idem, § 16, H. D., p. 42.) 



117 


Penalty for not delivering manifest to collector on arrival 
$100, and forfeiture of foreign goods, wines, and distilled 
spirits found on board ; and if the same amount in value to 
$800, forfeiture of vessel. {Idem, § 17, H. D., p. 42.) 

Penalty for not showing manifest to officer or refusiug 
to answer questions, $20, $40, or $100 and forfeiture of for¬ 
eign goods and distilled spirits found on board, and not in¬ 
cluded in manifest. {Idem, $ 18, H. D., p. 43.) 

Penalty in case of fishing vessel carrying goods of $500 
value without duo authority, forfeiture of vessel. {Idem, 
$ 21, H. D., p. 44.) 

Penalty for not delivering manifest of foreign vessel go¬ 
ing from one district to another, $100. {Idem, $ 24, II. D., p. 
45.) 

Penalty for resisting or assaulting officer in the discharge 
of his duty, $500. {Idem, $ 31, H. D., p. 47.) 

Penalty in case of registered vessels coming from foreign 
port without manifest of whole cargo, forfeiture of value 
of goods not on manifest. (Act March 2, 1799, § 24, H. 1)., 
p. 77.) 

Penalty in case of vessel from’ foreign port for not pro¬ 
ducing manifest, $500. And for refusal or neglect on part 
of officer to certify manifest, $500. {Idem, § 26, H. D., 
p. 78.) 

Penalty for unlading foreign goods without authority, 
$1,000, and forfeiture of goods. {Idem, § 27, H. D., p. 79.) 

Penalty in case of vessel or boat aidiug in unlawful dis¬ 
charge of foreign goods, forfeiture of vessel or boat, and 
treble the value of such goods. {Idem, § 28, H. D., p. 79.) 

Penalty in case of vessel leaving port without reporting 
to collector, $400. {Idem, § 29, H. D., p. 79.) 


118 


Penalty in case of vessel not reporting to collector on 
arrival from foreign port, $1,000. Not reporting spirits on 
board, $500, and forfeiture of same. {Idem, § 30, H. D., 

p. 80.) 

Penalty for not making tliird entry of spirits, &c., $500, 
and forfeiture of same. {Idem, $ 37, H. D., p. 89.) 

Penalty for landing skips’ stores without authority or not 
having them on manifest, forfeiture of stores and treble 
their value. {Idem, $ 45, H. D., p. 91.) 

Penalty for attempting to smuggle in passengers’ baggage, 
forfeiture of articles found therein, and three times the 
value thereof. {Idem, § 46, H. D., p. 92.) 

Penalty for unlading goods at night without permit, 
$400 and forfeiture of goods, and if value of goods amount 
to $400, forfeiture of vessel. {Idem, § 50, p. 96.) 

Penalty for not having goods weighed, gauged, measured, 
proved, &c., before leaving wharf, forfeiture of goods. 
{Idem, $ 51, H. D., p. 96.) 

Penalty for neglect of duty on part of inspectors, $50, and 
disqualification to hold office. {Idem, § 53, H. D., p. 97.) 

Penalty for breaking customs seals and removing goods, 
$200 and $500. {Idem, § 54, H. D., p. 98.) 

Penalty in case cargo does not agree with manifest, $500. 
{Idem, § 57, H. D., p. 101.) 

Penalty for entry of goods by fraudulent invoice, forfeit¬ 
ure of goods. {Idem, § 66, H. D., p. 107.) 

Penalty for concealment of goods to evade payment of 
duties, forfeiture of goods. {Idem, § 68, II. D., p. 108.) 

Penalty for buying or concealing goods liable to seizure,' 
double the value of goods. {Idem, § 69, II. 13., p. 108.) 

Penalty for resisting or obstructing officer in performance 


110 


of duty, not less than $50, nor more than $500. (Idem, $ 
71, H. D., p. 109.) 

Penalty iu case of failure upon part of collectors, naval 
officers, and surveyors to keep posted in conspicuous places 
in their respective offices a fair table of the rates of fees 
and duties demandable by law, and to give receipts for fees 
received when required to do so, $100. (Idem, § 73, H. D., 

p. 110.) 

Penalty in case of officer receiving greater or other fees 
than allowed by law, or any gratuity or reward, $200; in 
case of weighing, gauging, or measuring without proper 
authority, or making return without actual weighing, gaug¬ 
ing, or measuring, on part of any officer; or in case of ship¬ 
ment by inspector of goods for drawback without actual 
superintendence of same, for first offense $50, and for second 
offense $200, and discharge from public service. (Idem, § 
73, H. D., p. 110.) 

Penalty for fraud, breaking of seals, &c., in case of goods 
transported in bond for drawback,, forfeiture of goods. 
(Idem, § 79, p. 117.) 

Penalty for landing goods in United States which have 
been exported for drawback, forfeiture of goods and vessel, 
and imprisonment of parties concerned, not exceeding six 
months. (Idem, $ 82, Ii. D., p. 123.) 

Penalty for making false entry for drawback, forfeiture of 
goods. (Idem, $ 84, H. D., p. 125.) 

Penalty for being concerned in shipping or commerce on 
part of officers of customs, $500. (Idem, § 86, H. D., p. 
126.) 

Penalty for giving to customs officers, or receipt by them 
of bribes or rewards, not less than $200, nor more than 
$2,000. (Idem, § 88, II. D. p. 126.) 


120 


Penalty for departure to foreign port without delivering 
manifest and obtaining clearance, $500. {Idem, § 93, H. 
D., p. 129.) 

Penalty for importing goods in vessels other than regis¬ 
tered vessels or duly authenticated foreign vessels, forfeit¬ 
ure of goods and vessel. (Act March 1, 1817, H. D., p. 178.) 

Penalty for failure to deliver manifest on the part of any 
person bringing goods from adjacent territory, four times 
the value of goods. (Act March 2, 1821, and March 3, 
1823, H. D., pp. 200, 219.) 

Penalty for receiving, concealing, or buying smuggled 
goods, twice the value of the goods. (Act March 3, 1823, 
$ 2, H. D., p. 219.) 

Penalty for forcibly resisting or impeding an officer, fine 
not exceeding $400. {Idem, § 3, H. D., p. 219.) 

Penalty for entering goods falsely invoiced, or where 
articles are found in invoiced packages not described in 
invoice; or packages made up with intent, by false valuation 
or otherwise, to evade or defraud the revenue, forfeiture of 
goods. (Act May 28, 1830, § 4, H. D., p. 234.) 

Penalty for attempting to bring goods into United States 
clandestinely without invoice with intent to defraud the 
revenue, or to enter goods by false, forged, or fraudulent 
invoice, fine not exceeding $5,000, or imprisonment not ex¬ 
ceeding two years, or both. (Act August 30, 1842, § 19, 
H. D., p. 279.) 

Penalty for fraudulently concealing goods in, or removing 
them from, warehouse, forfeiture of goods and fine of not 
more than $5,000, or imprisonment not exceeding tw r o years, 
or both; for fraudulently gaining access to warehoused 
goods on the part of the importer or proprietor thereof, fine 
of $1,000 ; and for altering, defacing, or obliterating any 


121 


mark or marks placed by revenue officers on any package 
of warehoused goods, a flue of $500 for eacli offense. (Act 
August 6, 1846, § 3, H. D., p. 293.) 

Penalty for carrying passengers on any vessel in excess of 
the number allowed, $50 for each passenger, and imprison¬ 
ment not exceeding six months. (Act March 3, 1855, $ 1, 
H. D., p. 368.) 

Penalty for violation of law in reference to construction 
of berths and carrying passengers therein, $5 for each pas¬ 
senger. (7dm, § 2, H. D., p. 369.) 

Penalty for not furnishing suitable and ample food to pas¬ 
sengers on vessel, $1,000 and imprisonment not exceeding 
one year. {Idem, § 6, H. D., p. 370.) 

Penalty for not ventilating vessel properly, $200. {Idem, 

§ 12, H. D., p. 371.) 

Penalty for not furnishing list of passengers, $500. {Idem, 
$ 12, H. D., p. 371.) 

Penalty for refusal or neglect to pay $10 for each passen¬ 
ger deceased during voyage, as required by law, $50. ( Idem , 
§ 14, H. D., p. 372.) 

Penalty for making entry by false invoice or fraudulent 
document or practice, forfeiture of goods. (Act March 3, 
1863, § 1, If. D., p. 425.) 

Penalty for making entry by false samples or collusion, 
fraudulent weights, &c., fine not exceeding $5,000, or im¬ 
prisonment not exceeding two years, or both {Idem, § 3, 
H. D., p. 427.) 

Penalty in case of officer concerned in fraudulent entry of 
goods, fine not exceeding $5,000, or imprisonment notexceed- 
ing two years, and removal from office. {Idem, § 4, H. D., 
p. 427.) 

Penalty for offering bribe to customs officer, fine not ex- 


ceeding $5,000, or imprisonment not exceeding two years 
{Idem, $ 6, H. 1)., p. 427.) 

Penalty for willfully destroying books, invoices, &c., fine 
not exceeding $5,000, or imprisonment not exceeding two 
years. {Idem, § 8, H. D., p. 428.) 

Penalty in case of passenger refusing to show baggage, 
forfeiture of all dutiable goods found therein. (Act June 
27, 1864, $ 1, H. D., p. 449.) 

Penalty in case of owner, master, or person in charge of 
any vessel, car, or other vehicle sealed with the consular 
seal, failing to proceed with the same to its destination, or 
disposing of its contents or any part thereof, or unloading 
the same at any other place than said port of destination, 
forfeiture of vessel, car, or other vehicle, with contents, 
and fine not exceeding $1,000, or imprisonment not exceed¬ 
ing five years, or both. {Idem, § 4, H. D., p. 450.) 

Penalty for breaking revenue seals or fastenings, impris¬ 
onment not exceeding five years, or fine not exceeding 
$1,000, or both, and forfeiture of goods. {Idem, $ 5, H. D., 
p. 450.) 

Beasts of burden or vehicles carrying smuggled goods, to 
be forfeited. Inspectors may stop and search beasts of 
burden or vehicles on suspicion. (Act February 28, 1865, 
§ 1, H. D., p. 459.) 

Buildings near boundary of the United States may be 
searched on authority of magistrate; smuggled goods found 
therein to be forfeited; penalty in case of person inter¬ 
ested in such goods, fine not exceeding $10,000 or imprison¬ 
ment not exceeding two years, or both. {Idem, § 3, H. D., 
p. 460.) 

Officers of the customs may stop and search beasts of 
burden,'vehicles, &c., and smuggled goods found therein, 


together with such beast or vehicle, to be seized and for¬ 
feited. Penalty in case of driver refusing to stop and per¬ 
mit such search, fine not exceeding $1,000. (Act July 18, 
1866, $ 3, H. D., p. 476.) 

Penalty for fraudulently and knowingly bringing goods 
into the United States contrary to law, fine not less than 
$50, nor more than $5,000, or imprisonment not exceeding- 
two years. {Idem, § 4, H. D., p. 477.) 

Penalty for resisting officer or destroying goods liable 
to seizure, or attempting to rescue such goods, fine not less 
than $100, nor more than $2,000, or imprisonment not less 
than one month nor more than one year; for using deadly 
weapons against an officer, imprisonment not less than one 
nor more than ten years. {Idem, § 6, H. D., p. 478.) 

Vessels may be held and proceeded against for fine or pen¬ 
alty to which master, owner, or manager is liable. {Idem, 
§ 8, H. D., p. 478.) 

Customs officer may demand assistance of any person 
within three miles. Penalty in case of any person refusing 
or neglecting such assistance, the officer having made 
known his official character, not less than $5, nor more than 
$200. {Idem, § 10, H. D., p. 479.) 

Excessive quantity of sea stores to pay duty, on penalty 
of not less than $100, nor more than four times the value of 
the goods, or imprisonment not less than three months nor 
more than two years. Dutiable articles found on board 
vessel not reported by master, to be forfeited together with 
vessel; ‘‘saloon stores” to pay duty on penalty of forfeit¬ 
ure of goods, and fine of not less than $100 nor more than 
$500, and imprisonment not less than three months nor 
more than two years. {Idem, § 22, H. D., p. 481.) 

Equipments of vessels, obtained at foreign ports, to pay 


124 


duty on penalty of forfeiture of vessel. Penalty for refu¬ 
sal to take oatli or making false oath to secure enrollment 
of vessel, forfeiture of vessel. (Idem, § 23, H. D., p. 482.) 

Penalty for fraudulently obtaining registry, &c., forfeit¬ 
ure of vessel. {Idem, $ 24, H. D., p. 482.) 

Vessels from northern, northeastern, and northwestern 
frontier ports of the United States to other ports on said 
frontiers, to unload in day-time only, pursuant to permit 
duly granted by collector; penalty not less than $100 nor 
more than $500. {Idem, $ 26, IT. D., p. 483.) 

Any person falsely taking “ custom-house oath” to pay¬ 
roll, shall be liable to the pains and penalties of perjury. 
{Idem, § 30, H. D., p. 484.) 

Penalty in case of any person offering, or officer accepting 
bribe, fine not exceeding three times the amount offered, 
promised, or given, asked or received, and imprisonment 
not exceeding three years. {Idem, $ 35, H. D., p. 485.) 

Master of vessel from foreign contiguous territory, shall 
report to collector under penalty of forfeiture of vessel. 
{Idem, § 41, H. D., p. 486.) 

Collectors and other officers refusing or neglecting to make 
reports required by act of Congress, or regulations of 
Treasury Department, are liable to a penalty of not less 
than $100, nor more than $1,000. {Idem, § 42, II. D., p. 
486.) 

Liquors containing more than 22 per centum of alcohol, 
entered under the name of wine, to be forfeited. Brandy 
and spirituous liquors imported into United States in casks 
of less capacity than fourteen gallons, to be forfeited. (Act 
July 14, 1870, § 21.) 


INDEX 


Page. 

The Collection District.. 3 

The Surveyor of the Port. 3 

The Deputy Surveyors.. 4 

The Surveyor’s Office. 4 

The Revenue Steamers. 5 

The Telegraph Operators. G 

Assignments dy the Surveyor. 7 

The Boarding Officer. 7 

Discharging Officers. 9 

Assignment to Duty, &c. 9 

Duties on being Assigned to a Vessel. 10 

Letter-Bags and Letters. 13 

Sea-Stores. 15 

Samples, Specie, and Valuables. 1G 

Passengers’ Baggage. 17 

Delivery of Cargo. 22 

Duty-Paid permits.•-. 24 

Spirits, Wines, and Teas. 27 

Tree Permits. 28 

Warehouse Orders. 29 

General Orders. 31 

Weighing, Gauging, and Marking. 32 

Cartage and Lighterage. 33 

Exports direct from Vessel and Vessel Warehouse. 37 

Delivery of Coal and Salt. 39 

Taking in Cargo or Ballast. 40 

Overtime. 40 

Discharging Books. 42 































126 


Discharging Officers— Continued. Page. 

Returns of Cargo. 43 

Errors and Mistakes. 47 

Prohibited Importations. 48 

Penalties for Obstructing Officers. 50 

Powers and Authorities of Officers. 53 

Prohibitions and Penalties. 56 

Seizures. 57 

Residence and Leave of Absence. 58 

Tiie Inspectresses.-. 59 

The Coast Inspectors. 60 

District Officers. 61 

Assignments. 61 

Attendance and Offices. 61 

Daily Reports to be made. 62 

To Examine and Discharge Vessels. 62 

Exports, Transfers, &c. 63 

Export Entries and Orders thereon. 63 

Delivery of Merchandise to the Surveyor. 64 

Transfer to Dist. Officer for Shipment. 65 

Certificate of Shipment. 67 

Short Shipments. 67 

Filling up Packages. 68 

Disposition of Merchandise not Shipped. 69 

Return of Entries and Certificates. 69 

Penalty for making False Certificates. 69 

Special Orders for Shipment. 70 

Delivery, <fcc., of Coastwise Bonded Goods. 70 

Transfer of Surplus Sea-Stores or Merchandise. 72 

Examination of Coasting Vessels. 73 

District Officers’ Records. 77 

Debenture or Export Officers. 77 

Attendance. 77 

Record Books to he kept. 78 

Entries for Export. 78 

Preliminary Orders for Examination. 79 

Shipping Merchandise. 79 

Certificates of Shipment, &c. 80 







































127 


Page. 

Inspectors for Measurement of Vessels. 80 

Vessels to be Measured. 80 

The Pules for Admeasurement. 82 

Vessels not to be Readmeasured. 83 

American Vessels, how Distinguished. 84 

Duties of the Inspectors.. 85 

Examination of Passenger Vessels. 86 

Special Reports. 87 

The Measurer of Marble. 87 

The Weighers. 88 

Assignments. 88 

Attendance and Duties. 88 

Weigher’s Implements. 89 

Dock Books and Returns. 90 

Weight and Tare... 91 

E xtra Weigh t. 93 

Amending Returns. 94 

Weighing and Returning by Numbers. 94 

Coal and Salt. 96 

Railroad Iron. 97 

Grains. 97 

Special Orders and Exports. 97 

When Expenses are paid by Importer. 97 

Labor Rolls and Pay Tickets. 98 

Penalties. 99 

Absence, &c. 100 

• Schedule of Tares. 100 

The Gaugers. 102 

Assignments .. 102 

Attendance and Duties. 102 

Gauging Instruments. 102 

Gauging. 103 

Dock Books and Returns. 104 

Amending Returns.105 

Gauging and Returning by Numbers. 105 

Special Orders and Exports. 306 

Labor and Pay Rolls. 106 







































128 


The Gaugers— Continued. Page. 

Penalties. 107 

Absenco, &c. 108 

The Marker of Distilled Spirits. 108 

The Night Watch .. 110 

The Captain of the Watch. 110 

The Lieutenants. Ill 

The Night Inspectors. 112 

Duties of Night Inspectors. 112 

Appendix, containing a synopsis of penalties for violations of 
Revenue Laws. 11(3 


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